Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value, 2135-2137 [2018-00571]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its 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.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: January 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Enforcement
and Compliance, performing the nonexclusive function and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—Scope of the Investigation
daltland on DSKBBV9HB2PROD with NOTICES
The merchandise covered by this
investigation includes certain paper that has
not been coated on either side and with 50
percent or more of the cellulose fiber content
consisting of groundwood pulp, including
groundwood pulp made from recycled paper,
weighing not more than 90 grams per square
meter. Groundwood pulp includes all forms
of pulp produced from a mechanical pulping
process, such as thermo-mechanical process
(TMP), chemi-thermo mechanical process
(CTMP), bleached chemi-thermo mechanical
process (BCTMP) or any other mechanical
pulping process. The scope includes paper
shipped in any form, including but not
limited to both rolls and sheets.
Certain uncoated groundwood paper
includes but is not limited to standard
newsprint, high bright newsprint, book
publishing, directory, and printing and
writing papers. The scope includes paper
that is white, off-white, cream, or colored.
Specifically excluded from the scope are
imports of certain uncoated groundwood
paper printed with final content of printed
text or graphic. Also excluded are papers that
otherwise meet this definition, but which
have undergone a supercalendering
process.16
Certain uncoated groundwood paper is
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) in
several subheadings, including 4801.00.0120,
4801.00.0140, 4802.61.1000, 4802.61.2000,
4802.61.3110, 4802.61.3191, 4802.61.6040,
4802.62.1000, 4802.62.2000, 4802.62.3000,
16 Supercalendering imparts a glossy finish
produced by the movement of the paper web
through a supercalender which is a stack of
alternating rollers of metal and cotton (or other
softer material). The supercalender runs at high
speed and applies pressure, heat, and friction
which glazes the surface of the paper, imparting
gloss to the surface and increasing the paper’s
smoothness and density.
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4802.62.6140, 4802.69.1000, 4802.69.2000,
and 4802.69.3000. Subject merchandise may
also be imported under several additional
subheadings including 4805.91.5000,
4805.91.7000, and 4805.91.9000.17 Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Subsidies Valuation
VI. Application of Facts Otherwise Available
and Facts Otherwise Available With an
Adverse Inference
VII. Analysis of Programs
VIII. Conclusion
Appendix I: Not-Used and Not-Measurable
Programs, by Company
[FR Doc. 2018–00570 Filed 1–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–816]
Carbon and Alloy Steel Wire Rod From
Ukraine: Affirmative Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(Department) determines that imports of
carbon and alloy steel wire rod (wire
rod) from Ukraine are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The final
estimated weighted-average dumping
margins of sales at LTFV are listed
below in the section entitled ‘‘Final
Determination.’’ The period of
investigation is January 1, 2016, through
December 31, 2016.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock 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, or (202) 482–4997,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
17 The following HTSUS numbers are no longer
active as of January 1, 2017: 4801.00.0020,
4801.00.0040, 4802.61.3010, 4802.61.3091, and
4802.62.6040.
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2135
Background
On October 31, 2017, the Department
published the Preliminary
Determination in the Federal Register.1
The petitioners in this investigation are
Gerdau Ameristeel US Inc., Nucor
Corporation, Keystone Consolidated
Industries, Inc., and Charter Steel
(collectively, the petitioners). The
mandatory respondents in this
investigation are ArcelorMittal Steel
Kryvyi Rih OJSC (AMKR) and Public
Joint Stock Company (PJSC) Yenakiieve
Steel (Yenakiieve).2 In the Preliminary
Determination, the Department
determined that the application of facts
available with an adverse inference
(AFA) was warranted as a result of
AMKR’s and Yenakiieve’s failure to
cooperate and provide complete,
useable data in this investigation.
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the accompanying Issues and
Decision Memorandum.3 The Issues and
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 Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov. The
signed and electronic versions of the
Issues and Decision Memorandum are
identical in content.
Scope of the Investigation
The products covered by this
investigation are generally described as
1 See Carbon and Alloy Steel Wire Rod from
Ukraine: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 82 FR 50375
(October 31, 2017) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 The Department preliminarily determined not to
further examine Duferco S.A. (Duferco) as part of
this investigation because the evidence does not
show that Duferco made any sales of subject
merchandise in the United States during the POI.
For the final determination, we continue to find
that Duferco had no sales of subject merchandise
during the POI. As such, any entries of subject
merchandise exported by Duferco will be subject to
the All-Others Rate.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Wire Rod
from Ukraine,’’ dated concurrently with this
determination and hereby adopted by this notice
(Issues and Decision Memorandum).
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2136
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
wire rod from Ukraine. For a complete
description of the scope of the
investigation, see Appendix I of this
notice.
investigation, AMKR and Yenakiieve,
was warranted, in accordance with
sections 776(a)(1), 776(a)(2), and 776(b)
of the Act.6
Scope Comments
During the course of this
investigation, the Department received
numerous scope comments from
interested parties. Prior to the
Preliminary Determination, 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 this
investigation as it appeared in the
Initiation Notice.4
In November 2017, we received scope
case and rebuttal briefs. On November
20, 2017, we issued the Final Scope
Decision Memorandum in response to
the comments received.5 We did not
change the scope of this investigation.
All-Others Rate
As discussed in the Preliminary
Determination, the Department based
the selection of the all-others rate on the
simple average of the six dumping
margins calculated for subject
merchandise from Ukraine alleged in
the petition,7 in accordance with section
735(c)(5)(B) of the Act, and determined
a rate of 34.98 percent. We made no
changes to the all-others rate for this
final determination.8
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
interested parties in this investigation
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice at Appendix II.
Verification
Because the mandatory respondents
in this investigation did not provide the
information requested, the Department
did not conduct verification.
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
The Department has made no changes
to the Preliminary Determination. As
explained in the Preliminary
Determination, we found that the
application of facts available with an
adverse inference with respect to both
mandatory respondents in this
daltland on DSKBBV9HB2PROD with NOTICES
no changes to this margin since the
Preliminary Determination, no
disclosure of calculations is necessary
for this final determination.
4 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 Determinations’’ (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 26, 2017)
(Initiation Notice).
5 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.
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22:48 Jan 12, 2018
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Continuation of Suspension of
Liquidation
In accordance with section 733(d)(2)
of the Act, the Department will instruct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of all
appropriate entries of wire rod from
Ukraine, as described in Appendix I of
this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after October 31,
2017, the date of publication of the
Preliminary Determination.
Final Determination
Furthermore, the Department will
The final estimated weighted-average
instruct CBP to require a cash deposit
dumping margins are as follows:
for such entries of merchandise.
Pursuant to section 735(c)(1)(B)(ii) of
Weighted- the Act, CBP shall require a cash deposit
average
equal to the weighted-average amount
Producer or exporter
dumping
by which normal value exceeds U.S.
margins
price, as follows: (1) For AMKR and
(percent)
Yenakiieve, the cash deposit rates will
ArcelorMittal Steel Kryvyi Rih .....
44.03 be equal to the estimated weightedPublic Joint Stock Company
average dumping margin which the
Yenakiieve Iron and Steel
Department determined in this final
Works ......................................
44.03
All-Others ....................................
34.98 determination; (2) if the exporter is not
a firm identified in this investigation
but the producer is, then the cash
Disclosure
deposit rate will be equal to the
The estimated weighted-average
estimated weighted-average dumping
dumping margin assigned to AMKR and margin established for the producer of
Yenakiieve in this investigation in the
the subject merchandise; (3) the cash
Preliminary Determination were based
deposit rate for all other producers and
on adverse facts available and the
exporters will be 34.98 percent, as
Department described the method it
discussed in the ‘‘All-Others Rate’’
used to determine the AFA rate in the
section and as listed in the chart, above.
Preliminary Determination. As we made
The instructions suspending
liquidation will remain in effect until
6 See Preliminary Determination, 82 FR at 50375;
further notice.
see also PDM at 7–24.
7 See Letter to the Secretary of Commerce and the
Secretary of the U.S. International Trade
Commission, ‘‘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—Petitions for the Imposition
of Antidumping and Countervailing Duties,’’ dated
March 28, 2017; see also 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; 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).
8 See Preliminary Determination, 82 FR at 50375.
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U.S. 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. Because the
final determination in this proceeding is
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, or
sales (or the likelihood of sales) for
importation of wire rod from Ukraine no
later than 45 days after this final
determination, in accordance with
section 735(b)(2) of the Act. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, the Department will issue an
antidumping duty order directing CBP
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
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 of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to parties subject to administrative
protective orders (APOs) 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 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
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
7227.90.6090 of the HTSUS may also 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 these proceedings is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Determination of No Sales
VI. Discussion of the Issues:
Comment 1: Application of Total AFA to
AMKR
Comment 2: Application of Total AFA to
Yenakiieve
VII. Recommendation
[FR Doc. 2018–00571 Filed 1–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Rescission of
Review, in Part; 2015–2016
Appendix I—Scope of the Investigation
daltland on DSKBBV9HB2PROD with NOTICES
Dated: January 8, 2018.
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.
AGENCY:
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 of 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
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22:48 Jan 12, 2018
Jkt 244001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on multilayered
wood flooring (MLWF) from the
People’s Republic of China (China). The
period of review (POR) is December 1,
2015, through November 30, 2016. The
review covers two mandatory
respondents, Jiangsu Senmao Bamboo
and Wood Industry Co., Ltd. (Jiangsu
Senmao) and Jilin Forest Industry
Jinqiao Flooring Group Co., Ltd. (Jinqiao
Flooring).
We preliminarily determine that sales
of subject merchandise by Jiangsu
Senmao have not been made at prices
below normal value (NV) and that
Jinqiao Flooring is not eligible for a
separate rate and, therefore, remains
part of the China-wide entity. In
addition, we are preliminarily granting
separate rates to 70 producers/exporters,
including Jiangsu Senmao, and
determine that 16 producer/exporters
made no shipments of subject
merchandise during the POR. Finally,
we are rescinding the review with
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2137
respect to Dalian Penghong Floor
Products Co., Ltd. (Dalian Penghong).
We invite interested parties to comment
on these preliminary results.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Michael Bowen,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6478
and (202) 482–0768, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the Order is
wood flooring from China. For a
complete description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.1
Partial Rescission of Review
Commerce initiated a review of 116
companies in this administrative
review. 2 The requests for review of
Dalian Penghong were timely
withdrawn.3 Accordingly, we are
rescinding the administrative review
with respect to this company.4
Preliminary Determination of No
Shipments
Sixteen companies submitted timelyfiled certifications that they had no
exports, sales, or entries of subject
merchandise during the POR.
Accordingly, Commerce, consistent
with its practice, requested that U.S.
Customs and Border Protection (CBP)
1 See Memorandum to 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, from
James P. Maeder Senior Director performing the
duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Decision Memorandum for the Preliminary Results
in the Antidumping Duty Administrative Review;
Multilayered Wood Flooring from the People’s
Republic of China; 2015–2016,’’ (Preliminary
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017) (Initiation Notice); see
also Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 82 FR 57705
(December 7, 2017) (Second Initiation Notice).
Commerce notes that the Second Initiation Notice
contained a typographical error in the spelling of
‘‘Dun Hua Sen Tai Wood Co., Ltd.’’ This
determination corrects the second notice of
initiation and reflects the accurate spelling.
3 See Letters from the Coalition for American
Hardwood Parity, ‘‘Partial Withdrawal of Request
for Administrative Review: Multilayered Wood
Flooring from the People’s Republic of China,’’ and
Dalian Penghong, ‘‘Multilayered Wood Flooring
from the People’s Republic of China; Withdrawal of
Request for Review,’’ both dated March 27, 2017.
4 See 19 CFR 351.213(d)(1).
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]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2135-2137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00571]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-816]
Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (Department) determines that
imports of carbon and alloy steel wire rod (wire rod) from Ukraine are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The final estimated weighted-average dumping margins of
sales at LTFV are listed below in the section entitled ``Final
Determination.'' The period of investigation is January 1, 2016,
through December 31, 2016.
DATES: Applicable January 16, 2018.
FOR FURTHER INFORMATION CONTACT: Julia Hancock 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, or (202)
482-4997, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, the Department published the Preliminary
Determination in the Federal Register.\1\ The petitioners in this
investigation are Gerdau Ameristeel US Inc., Nucor Corporation,
Keystone Consolidated Industries, Inc., and Charter Steel
(collectively, the petitioners). The mandatory respondents in this
investigation are ArcelorMittal Steel Kryvyi Rih OJSC (AMKR) and Public
Joint Stock Company (PJSC) Yenakiieve Steel (Yenakiieve).\2\ In the
Preliminary Determination, the Department determined that the
application of facts available with an adverse inference (AFA) was
warranted as a result of AMKR's and Yenakiieve's failure to cooperate
and provide complete, useable data in this investigation.
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Ukraine:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 82 FR 50375 (October 31, 2017) (Preliminary Determination)
and accompanying Preliminary Decision Memorandum.
\2\ The Department preliminarily determined not to further
examine Duferco S.A. (Duferco) as part of this investigation because
the evidence does not show that Duferco made any sales of subject
merchandise in the United States during the POI. For the final
determination, we continue to find that Duferco had no sales of
subject merchandise during the POI. As such, any entries of subject
merchandise exported by Duferco will be subject to the All-Others
Rate.
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A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the accompanying Issues and Decision Memorandum.\3\ The Issues
and 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
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Wire Rod from Ukraine,''
dated concurrently with this determination and hereby adopted by
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are generally described
as
[[Page 2136]]
wire rod from Ukraine. For a complete description of the scope of the
investigation, see Appendix I of this notice.
Scope Comments
During the course of this investigation, the Department received
numerous scope comments from interested parties. Prior to the
Preliminary Determination, 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 this
investigation as it appeared in the Initiation Notice.\4\
---------------------------------------------------------------------------
\4\ 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 Determinations''
(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 26, 2017) (Initiation Notice).
---------------------------------------------------------------------------
In November 2017, we received scope case and rebuttal briefs. On
November 20, 2017, we issued the Final Scope Decision Memorandum in
response to the comments received.\5\ We did not change the scope of
this investigation.
---------------------------------------------------------------------------
\5\ 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.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by interested parties in this investigation are addressed in
the Issues and Decision Memorandum. A list of these issues is attached
to this notice at Appendix II.
Verification
Because the mandatory respondents in this investigation did not
provide the information requested, the Department did not conduct
verification.
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
The Department has made no changes to the Preliminary
Determination. As explained in the Preliminary Determination, we found
that the application of facts available with an adverse inference with
respect to both mandatory respondents in this investigation, AMKR and
Yenakiieve, was warranted, in accordance with sections 776(a)(1),
776(a)(2), and 776(b) of the Act.\6\
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\6\ See Preliminary Determination, 82 FR at 50375; see also PDM
at 7-24.
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All-Others Rate
As discussed in the Preliminary Determination, the Department based
the selection of the all-others rate on the simple average of the six
dumping margins calculated for subject merchandise from Ukraine alleged
in the petition,\7\ in accordance with section 735(c)(5)(B) of the Act,
and determined a rate of 34.98 percent. We made no changes to the all-
others rate for this final determination.\8\
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\7\ See Letter to the Secretary of Commerce and the Secretary of
the U.S. International Trade Commission, ``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--Petitions for the
Imposition of Antidumping and Countervailing Duties,'' dated March
28, 2017; see also 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;
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).
\8\ See Preliminary Determination, 82 FR at 50375.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margins
(percent)
------------------------------------------------------------------------
ArcelorMittal Steel Kryvyi Rih.............................. 44.03
Public Joint Stock Company Yenakiieve Iron and Steel Works.. 44.03
All-Others.................................................. 34.98
------------------------------------------------------------------------
Disclosure
The estimated weighted-average dumping margin assigned to AMKR and
Yenakiieve in this investigation in the Preliminary Determination were
based on adverse facts available and the Department described the
method it used to determine the AFA rate in the Preliminary
Determination. As we made no changes to this margin since the
Preliminary Determination, no disclosure of calculations is necessary
for this final determination.
Continuation of Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of all appropriate entries of wire rod from Ukraine, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after October 31, 2017,
the date of publication of the Preliminary Determination.
Furthermore, the Department will instruct CBP to require a cash
deposit for such entries of merchandise. 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 AMKR and Yenakiieve, the cash deposit rates 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 and
exporters will be 34.98 percent, as discussed in the ``All-Others
Rate'' section and as listed in the chart, above.
The instructions suspending liquidation will remain in effect until
further notice.
U.S. 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.
Because the final determination in this proceeding is 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, or sales (or the likelihood of
sales) for importation of wire rod from Ukraine no later than 45 days
after this final determination, in accordance with section 735(b)(2) of
the Act. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP
[[Page 2137]]
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 of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to parties subject to
administrative protective orders (APOs) 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 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
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: January 8, 2018.
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 of 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 may also 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 these proceedings is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Determination of No Sales
VI. Discussion of the Issues:
Comment 1: Application of Total AFA to AMKR
Comment 2: Application of Total AFA to Yenakiieve
VII. Recommendation
[FR Doc. 2018-00571 Filed 1-12-18; 8:45 am]
BILLING CODE 3510-DS-P
