Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances, 2141-2143 [2018-00572]

Download as PDF Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices J. Currency Conversion IX. Recommendation DEPARTMENT OF COMMERCE International Trade Administration Appendix II [A–791–823] No-Shipment Certifications Anhui Boya Bamboo & Wood Products Co., Ltd. Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd. Chinafloors Timber (China) Co, Ltd. Dalian Jiahong Wood Industry Co., Ltd. Guangzhou Homebon Timber Manufacturing Co., Ltd. Huzhou Muyun Wood Co., Ltd. Jiangsu Keri Wood Co., Ltd. Jiangsu Yuhui International Trade Co., Ltd. Jiashan On-Line Lumber Co., Ltd. Kingman Floors Co., Ltd. Les Planchers Mercier, Inc. Linyi Bonn Flooring Manufacturing Co., Ltd. Power Dekor Group Co., Ltd. Shanghai Lizhong Wood Products Co., Ltd. Zhejiang Shuimojiangnan New Material Technology Co., Ltd. Zhejiang Simite Wooden Co., Ltd. China-Wide Entity Companies daltland on DSKBBV9HB2PROD with NOTICES Anhui Suzhou Dongda Wood Co., Ltd. Baishan Huafeng Wood Product Co., Ltd. Baiying Furniture Manufacturer Co., Ltd. Cheng Hang Wood Co., Ltd. Dalian Jiuyuan Wood Industry Co., Ltd. Dalian Qinqui Wooden Product Co., Ltd. Dongtai Zhangshi Wood Industry Co., Ltd. Fu Lik Timber (HK) Co., Ltd. GTP International Ltd. Guangdong Yihua Timber Industry Co., Ltd. HaiLin Xincheng Wooden Products, Ltd. Hangzhou Dazhuang Floor Co., Ltd. (dba Dasso Industrial Group Co., Ltd.) Hangzhou Huahi Wood Industry Co., Ltd. Huber Engineering Wood Corp. Huzhou City Nanxun Guangda Wood Co., Ltd. Huzhou Fuma Wood Co., Ltd. Jiafeng Wood (Suzhou) Co., Ltd. Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. Qingdao Barry Flooring Co., Ltd. Shandong Kaiyuan Wood Industry Co., Ltd. Shanghai Anxin (Weiguang) Timber Co., Ltd. Shanghai Eswell Timber Co., Ltd. Shanghai New Sihe Wood Co., Ltd. Shanghai Shenlin Corporation Vicwood Industry (Suzhou) Co., Ltd. Yixing Lion-King Timber Industry Zhejiang AnJi Xinfeng Bamboo and Wood Industry Co., Ltd. Zhejiang Desheng Wood Industry Co., Ltd. Zhejiang Haoyun Wooden Co., Ltd. [FR Doc. 2018–00573 Filed 1–12–18; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 22:48 Jan 12, 2018 Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of carbon and alloy steel wire rod (wire rod) from the Republic of South Africa (South Africa) 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 (POI) is January 1, 2016, through December 31, 2016. DATES: Applicable January 16, 2018. FOR FURTHER INFORMATION CONTACT: Moses Song or John McGowan, AD/CVD Operations, Office VI, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5041 or (202) 482–3019, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On October 31, 2017, Commerce 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 three mandatory respondents in this investigation are: (1) ArcelorMittal South Africa Limited (AMSA); (2) Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group) (Scaw); and (3) Davsteel Division of Cape Gate (Pty) Ltd. (Cape Gate). At the Preliminary Determination, Commerce determined that AMSA, Scaw, and Consolidated Wire Industries (CWI) are affiliated and 1 See Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Preliminary Determination of No Shipments, 82 FR at 50383 (October 31, 2017) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2141 constituted a single entity, i.e., AMSA/ Scaw/CWI. Furthermore, we preliminarily found that the application of facts available with an adverse inference (AFA) to the collapsed entity, due to Scaw’s failure to participate in this investigation, was warranted. Commerce also preliminarily determined that critical circumstances existed for AMSA/Scaw/CWI and for all-other exporters/producers of wire rod. Concerning Cape Gate, Commerce preliminarily determined not to further examine Cape Gate as part of this investigation because Cape Gate timely certified that it did not make any sales of subject merchandise in the United States during the POI and there is no record evidence to the contrary. A summary of the events that occurred since Commerce 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.2 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 http:// 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 http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is wire rod from South Africa. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the Preliminary Determination, Commerce issued a Preliminary Scope Decision Memorandum to address these comments. As a result of these comments, Commerce made no changes 2 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 the Republic of South Africa,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum or IDM). E:\FR\FM\16JAN1.SGM 16JAN1 2142 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices to the scope of this investigation as it appeared in the Initiation Notice.3 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 change the scope of this investigation.4 regarding this issue after the Preliminary Determination. Thus, for this final determination, we continue to find that Cape Gate had no sales of subject merchandise during the POI. As such, any entries of subject merchandise exported by Cape Gate will be subject to the All-Others Rate. 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. Final Affirmative Determination of Critical Circumstances Verification As explained in the Issues and Decision Memorandum, Commerce did not conduct verification of AMSA/ Scaw/CWI. Changes Since the Preliminary Determination and Use of Adverse Facts Available Commerce has made no changes to the Preliminary Determination. As stated in the Preliminary Determination, we found that the application of facts available with an adverse inference with respect to the collapsed entity, i.e., AMSA/Scaw/CWI, in this investigation, was warranted, in accordance with sections 776(a)(1), 776(a)(2)(A)–(C), and 776(b) of the Act.5 daltland on DSKBBV9HB2PROD with NOTICES Final Affirmative Determination of No Sales As stated above in the ‘‘Background’’ section, at the Preliminary Determination, we found that Cape Gate had no sales of subject merchandise during the POI, and, therefore, we determined not to further examine Cape Gate as part of this investigation. Commerce received no comments 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: 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). 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: Final Scope Memorandum’’ (Final Scope Decision Memorandum), dated November 20, 2017. 5 See Preliminary Determination, 82 FR at 50383; see also PDM at 6–9. VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 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 AMSA/Scaw/CWI, and all other producers and exporters of wire rod from South Africa (All Others).6 Commerce received no comments regarding this issue after the Preliminary Determination. Thus, for this final determination, 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 South Africa. Disclosure The estimated weighted-average dumping margin assigned to the collapsed entity (i.e., AMSA/Scaw/CWI) in this investigation in the Preliminary Determination were based on adverse facts available and Commerce described the method it used to determine the adverse facts available 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, for this final determination, we will direct U. S. Customs and Border Protection (CBP) to suspend liquidation of all entries of wire rod from South Africa, as described in Appendix I to this notice, which were entered, or withdrawn from warehouse, for consumption on or after August 2, 2017 (90 days prior to the date of publication of the Preliminary Determination), All-Others Rate because we continue to find that critical As discussed in the Preliminary circumstances exist with regard to Determination, Commerce based the imports from all producers and selection of the all-others rate on the exporters of wire rod from South Africa. simple average of the two dumping Furthermore, Commerce will instruct margins calculated for subject CBP to require a cash deposit for such merchandise from South Africa alleged entries of merchandise. Pursuant to in the petition,7 in accordance with section 735(c)(1)(B)(ii) of the Act, CBP section 735(c)(5)(B) of the Act, and shall require a cash deposit equal to the determined a rate of 135.46 percent. No weighted-average amount by which parties commented on this issue and we normal value exceeds U.S. price, as made no changes to the all-others rate follows: (1) For AMSA/Scaw/CWI, the for this final determination.8 cash deposit rate will be equal to the estimated weighted-average dumping Final Determination margin which Commerce determined in The final estimated weighted-average this final determination; (2) if the dumping margins are as follows: exporter is not a firm identified in this investigation but the producer is, then Estimated the cash deposit rate will be equal to the weightedestimated weighted-average dumping average Exporter/producer margin established for the producer of dumping margin the subject merchandise; (3) the cash (percent) deposit rate for all other producers or exporters will be 135.46 percent, as ArcelorMittal South Africa Limdiscussed in the ‘‘All-Others Rate’’ ited, Scaw South Africa (Pty) section, above. Ltd. (also known as Scaw The instructions suspending Metals Group), and Consolidated Wire Industries .............. 142.26 liquidation will remain in effect until All-Others .................................... 135.46 further notice. 6 See Preliminary Determination, 82 FR at 50383, 50384; see also PDM at 11–16. 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 petition). 8 See Preliminary Determination, 82 FR at 50383, 50384–50385. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 of sales at LTFV and final affirmative determination of critical circumstances for South Africa. Because the final determination in this proceeding is affirmative, the ITC will E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 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 South Africa no later than 45 days after this final determination, in accordance with section 735(b)(2) of the Act. If the ITC determines that such injury does not exist, the proceeding will be terminated and all cash deposits posted will be refunded or cancelled. If the ITC determines that such injury exists, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, 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 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: 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. daltland on DSKBBV9HB2PROD with NOTICES 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) VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 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. Discussion of the Issues: Comment 1: Affiliation and Collapsing of AMSA/Scaw/CWI Comment 2: Application of Total AFA to AMSA/Scaw/CWI Comment 3: Commerce’s Statutory Obligations Under 782(d) of the Act Comment 4: Verification Comment 5: Adjustment to AMSA’s General and Administrative (G&A) Expense Ratio Comment 6: Adjustment to AMSA’s Warranty Expenses Comment 7: Adjustment to AMSA’s Direct Selling Expenses Comment 8: Denial of AMSA’s CEP Offset VI. Recommendation [FR Doc. 2018–00572 Filed 1–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Visiting Committee on Advanced Technology National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of public meeting. AGENCY: The Visiting Committee on Advanced Technology (VCAT or Committee), National Institute of Standards and Technology (NIST), will meet in Wednesday, February 7, 2018, from 8:30 a.m. to 4:00 p.m. Eastern SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 2143 Time. The VCAT is composed of not fewer than 9 members appointed by the NIST Director who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. DATES: The VCAT will meet on Wednesday, February 7, 2018, from 8:30 a.m. to 4:00 p.m. Eastern Time. ADDRESSES: The meeting will be held in the Portrait Room, Administration Building, at NIST, 100 Bureau Drive, Gaithersburg, Maryland 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Stephanie Shaw, VCAT, NIST, 100 Bureau Drive, Mail Stop 1060, Gaithersburg, Maryland 20899–1060, telephone number 301–975–2667. Ms. Shaw’s email address is stephanie.shaw@nist.gov. SUPPLEMENTARY INFORMATION: Authority: 15 U.S.C. 278, as amended, and the Federal Advisory Committee Act, as amended, 5 U.S.C. App. The purpose of this meeting is for the VCAT to review and make recommendations regarding general policy for NIST, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include an update on major programs at NIST. In addition, the meeting will include presentations and discussions on NIST’s role in cybersecurity and technology transfer from federal laboratories. The Committee also will present its initial observations, findings, and recommendations for the 2017 VCAT Annual Report. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST website at http://www.nist.gov/ director/vcat/agenda.cfm. Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee’s affairs are invited to request a place on the agenda. Approximately one-half hour will be reserved for public comments and speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be about 3 minutes each. The exact time for public comments will be included in the final agenda that will be posted on the NIST website at http:// www.nist.gov/director/vcat/agenda.cfm. Questions from the public will not be E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2141-2143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-823]


Carbon and Alloy Steel Wire Rod From the Republic of South 
Africa: Affirmative Final Determination of Sales at Less Than Fair 
Value and Affirmative Finding of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of carbon and alloy steel wire rod (wire rod) from the Republic of 
South Africa (South Africa) 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 (POI) is January 1, 2016, through December 31, 2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Moses Song or John McGowan, AD/CVD 
Operations, Office VI, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5041 
or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce 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 three mandatory respondents in 
this investigation are: (1) ArcelorMittal South Africa Limited (AMSA); 
(2) Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group) 
(Scaw); and (3) Davsteel Division of Cape Gate (Pty) Ltd. (Cape Gate). 
At the Preliminary Determination, Commerce determined that AMSA, Scaw, 
and Consolidated Wire Industries (CWI) are affiliated and constituted a 
single entity, i.e., AMSA/Scaw/CWI. Furthermore, we preliminarily found 
that the application of facts available with an adverse inference (AFA) 
to the collapsed entity, due to Scaw's failure to participate in this 
investigation, was warranted. Commerce also preliminarily determined 
that critical circumstances existed for AMSA/Scaw/CWI and for all-other 
exporters/producers of wire rod. Concerning Cape Gate, Commerce 
preliminarily determined not to further examine Cape Gate as part of 
this investigation because Cape Gate timely certified that it did not 
make any sales of subject merchandise in the United States during the 
POI and there is no record evidence to the contrary.
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
South Africa: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, and Preliminary Determination of No Shipments, 82 FR 
at 50383 (October 31, 2017) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce 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.\2\ 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 http://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 http://enforcement.trade.gov. 
The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ 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 the Republic 
of South Africa,'' dated concurrently with this determination and 
hereby adopted by this notice (Issues and Decision Memorandum or 
IDM).
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Scope of the Investigation

    The product covered by this investigation is wire rod from South 
Africa. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received numerous 
scope comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
to address these comments. As a result of these comments, Commerce made 
no changes

[[Page 2142]]

to the scope of this investigation as it appeared in the Initiation 
Notice.\3\
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    \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: 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 change the scope of this 
investigation.\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: Final 
Scope Memorandum'' (Final Scope Decision Memorandum), dated November 
20, 2017.
---------------------------------------------------------------------------

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

    As explained in the Issues and Decision Memorandum, Commerce did 
not conduct verification of AMSA/Scaw/CWI.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Commerce has made no changes to the Preliminary Determination. As 
stated in the Preliminary Determination, we found that the application 
of facts available with an adverse inference with respect to the 
collapsed entity, i.e., AMSA/Scaw/CWI, in this investigation, was 
warranted, in accordance with sections 776(a)(1), 776(a)(2)(A)-(C), and 
776(b) of the Act.\5\
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    \5\ See Preliminary Determination, 82 FR at 50383; see also PDM 
at 6-9.
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Final Affirmative Determination of No Sales

    As stated above in the ``Background'' section, at the Preliminary 
Determination, we found that Cape Gate had no sales of subject 
merchandise during the POI, and, therefore, we determined not to 
further examine Cape Gate as part of this investigation. Commerce 
received no comments regarding this issue after the Preliminary 
Determination. Thus, for this final determination, we continue to find 
that Cape Gate had no sales of subject merchandise during the POI. As 
such, any entries of subject merchandise exported by Cape Gate will be 
subject to the All-Others Rate.

Final Affirmative Determination of Critical Circumstances

    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 AMSA/Scaw/CWI, and all other producers and exporters of wire rod 
from South Africa (All Others).\6\ Commerce received no comments 
regarding this issue after the Preliminary Determination. Thus, for 
this final determination, 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 
South Africa.
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    \6\ See Preliminary Determination, 82 FR at 50383, 50384; see 
also PDM at 11-16.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the simple average of the two 
dumping margins calculated for subject merchandise from South Africa 
alleged in the petition,\7\ in accordance with section 735(c)(5)(B) of 
the Act, and determined a rate of 135.46 percent. No parties commented 
on this issue and we made no changes to the all-others rate for this 
final determination.\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 petition).
    \8\ See Preliminary Determination, 82 FR at 50383, 50384-50385.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal South Africa Limited, Scaw South Africa (Pty)       142.26
 Ltd. (also known as Scaw Metals Group), and Consolidated
 Wire Industries............................................
All-Others..................................................      135.46
------------------------------------------------------------------------

Disclosure

    The estimated weighted-average dumping margin assigned to the 
collapsed entity (i.e., AMSA/Scaw/CWI) in this investigation in the 
Preliminary Determination were based on adverse facts available and 
Commerce described the method it used to determine the adverse facts 
available 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, for this final 
determination, we will direct U. S. Customs and Border Protection (CBP) 
to suspend liquidation of all entries of wire rod from South Africa, as 
described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after August 2, 2017 
(90 days prior to the date of publication of the Preliminary 
Determination), because we continue to find that critical circumstances 
exist with regard to imports from all producers and exporters of wire 
rod from South Africa.
    Furthermore, Commerce 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 AMSA/Scaw/CWI, the cash deposit rate will be equal to the 
estimated weighted-average dumping margin which Commerce 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 135.46 
percent, as discussed in the ``All-Others Rate'' section, 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 of 
sales at LTFV and final affirmative determination of critical 
circumstances for South Africa. Because the final determination in this 
proceeding is affirmative, the ITC will

[[Page 2143]]

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 South Africa no later than 45 days after 
this final determination, in accordance with section 735(b)(2) of the 
Act. If the ITC determines that such injury does not exist, the 
proceeding will be terminated and all cash deposits posted will be 
refunded or cancelled. If the ITC determines that such injury exists, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, 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 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: 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. Discussion of the Issues:
    Comment 1: Affiliation and Collapsing of AMSA/Scaw/CWI
    Comment 2: Application of Total AFA to AMSA/Scaw/CWI
    Comment 3: Commerce's Statutory Obligations Under 782(d) of the 
Act
    Comment 4: Verification
    Comment 5: Adjustment to AMSA's General and Administrative (G&A) 
Expense Ratio
    Comment 6: Adjustment to AMSA's Warranty Expenses
    Comment 7: Adjustment to AMSA's Direct Selling Expenses
    Comment 8: Denial of AMSA's CEP Offset
VI. Recommendation

[FR Doc. 2018-00572 Filed 1-12-18; 8:45 am]
 BILLING CODE 3510-DS-P