Carbon and Alloy Steel Wire Rod From the Republic of South Africa and Ukraine: Antidumping Duty Orders, 11175-11177 [2018-05153]
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
Determination and Order. Commerce
finds that the following revised net
countervailable subsidy rates exist:
Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (the
Net
ITC), Commerce is issuing antidumping
Producer/exporter
subsidy
duty orders on carbon and alloy steel
rate
wire rod (wire rod) from the Republic of
South Africa (South Africa) and
MMZ Onur Boru Profit uretirn
San Ve Tic. A.S ......................
9.87 Ukraine.
Ozdemir Boru Profil San ve Tic.
DATES: Applicable March 14, 2018.
Ltd Sti ......................................
14.66
All-Others ....................................
12.36 FOR FURTHER INFORMATION CONTACT:
Moses Song at (202) 482–5041 or John
McGowan (202) 482–3019 (South
Cash Deposit Requirements
Africa), Julia Hancock at (202) 482–
Because there has been no subsequent 1394, Annathea Cook at (202) 482–0250,
administrative review for MMZ Onur
or Courtney Canales at (202) 482–4997
Boru Profit uretirn San Ve Tic. A.S.
(Ukraine), AD/CVD Operations, Office V
(MMZ) and Ozdemir, Commerce will
& VI, Enforcement and Compliance,
instruct U.S. Customs and Border
International Trade Administration,
Protection (CBP) to set the cash deposit
U.S. Department of Commerce, 1401
rates for these companies to the rates
Constitution Avenue NW, Washington,
listed above, pending a final and
DC 20230.
conclusive court decision.
SUPPLEMENTARY INFORMATION:
Pursuant to section 705(c)(5)(A) of the
Background
Act, companies not individually
investigated are assigned an ‘‘all-others’’
In accordance with sections 735(d)
countervailing duty rate. As a general
and 777(i)(1) of the Tariff Act of 1930,
rule, the all-others rate is equal to the
as amended (the Act), and 19 CFR
weighted-average of the countervailable 351.210(c), on January 16, 2018,
subsidy rates established for
Commerce published its affirmative
individually investigated producers,
final determinations in the less-thanexcluding any zero and de minimis
fair-value (LTFV) investigations of wire
13
countervailable subsidy rates.
rod from South Africa and Ukraine.1 On
Commerce will instruct CBP that the
March 1, 2018, the ITC notified
‘‘all-others’’ cash deposit rate is to be
Commerce of its final affirmative
amended to reflect the revised subsidy
determination that an industry in the
rate calculated for Ozdemir, as listed
United States is materially injured
above.
within the meaning of section
This notice is issued and published in 735(b)(1)(A)(i) of the Act, by reason of
accordance with sections 516A(e)(1),
the LTFV imports of wire rod from
705(c)(1)(B), and 777(i)(1) of the Act.
South Africa and Ukraine, and its
Dated: March 8, 2018.
determination that critical
Gary Taverman,
circumstances do not exist with respect
to imports of wire rod from South Africa
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
subject to Commerce’s affirmative
performing the non-exclusive functions and
critical circumstances determination.2
duties of the Assistant Secretary for
The ITC published its final
Enforcement and Compliance.
determination on March 7, 2018.3
SUMMARY:
[FR Doc. 2018–05149 Filed 3–13–18; 8:45 am]
Scope of the Orders
The merchandise covered by these
orders is wire rod from South Africa and
Ukraine. For a complete description of
the scope of these orders, see the
Appendix to this notice.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
11175
Antidumping Duty Orders
On March 1, 2018, in accordance with
sections 735(b)(1)(A)(i) and 735(d) of the
Act, the ITC notified Commerce of its
final determinations in these
investigations, in which it found that an
industry in the United States is
materially injured by reasons of imports
of wire rod from South Africa and
Ukraine.4 The ITC also notified
Commerce of its determination that
critical circumstances do not exist with
respect to imports of wire rod from
South Africa subject to Commerce’s
critical circumstances finding.5
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing these
AD orders. Because the ITC determined
that imports of wire rod from South
Africa and Ukraine are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from South
Africa and Ukraine, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
affirmative determinations, in
accordance with section 736(a)(1) of the
Act, Commerce will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by Commerce,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
wire rod from South Africa and Ukraine.
Antidumping duties will be assessed on
unliquidated entries of wire rod from
South Africa and Ukraine entered, or
withdrawn from warehouse, for
consumption on or after October 31,
2017, the date of publication of the
preliminary determinations,6 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication in the
Federal Register of the ITC’s final injury
determination, as further described
below.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
[A–791–823, A–823–816]
daltland on DSKBBV9HB2PROD with NOTICES
Carbon and Alloy Steel Wire Rod From
the Republic of South Africa and
Ukraine: Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
13 See section 705(c)(5)(A)(i) of the Act. For a full
discussion of the calculation of the all-others rate,
see Memorandum ‘‘Remand Redetermination
Calculation of the ‘All Others’ Rate,’’ dated
December 12, 2017.
VerDate Sep<11>2014
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Jkt 244001
1 See 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, 83
FR 2141 (January 16, 2018) (South Africa Final
Determination); Carbon and Alloy Steel Wire Rod
from Ukraine: Affirmative Final Determination of
Sales at Less Than Fair Value, 83 FR 2135 (January
16, 2018) (Ukraine Final Determination).
2 See Letter from the ITC to the Hon. Gary
Taverman, dated March 1, 2018 (ITC Notification
Letter).
3 See Carbon and Certain Alloy Steel Wire Rod
from South Africa and Ukraine; Determinations, 83
FR 9749 (March 7, 2018).
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4 See
ITC Notification Letter.
5 Id.
6 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 50383 (October 31, 2017)
(South Africa Preliminary Determination); Carbon
and Alloy Steel Wire Rod from Ukraine: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 82 FR 50375 (October 31, 2017)
(Ukraine Preliminary Determination).
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11176
Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
CBP to reinstitute suspension of
liquidation on all relevant entries of
wire rod from South Africa and Ukraine.
These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits for estimated
antidumping duties equal to the
estimated weighted-average dumping
margins indicated below. Accordingly,
effective the date of publication of the
ITC’s final affirmative injury
determination in the Federal Register,
CBP will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
estimated weighted-average dumping
margins listed below.7 The relevant ‘‘allothers’’ rates apply to all producers or
exporters not specifically listed, as
appropriate.
Provisional Measures
Section 733(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months, except that
Commerce may extend the four-month
period to no more than six months at
the request of exporters representing a
significant proportion of exports of the
subject merchandise. In reference to
these proceedings, a request to extend
the final determination and extend
provisional measures pursuant to 19
CFR 351.210(e) was received from
exporters of wire rod from South Africa
and the Ukraine. Commerce’s
preliminary determinations were
published on October 31, 2017.8
Commerce’s final determinations were
not extended, and were published on
January 16, 2018. As such, the fourmonth period ended on February 27,
2018. Pursuant to section 737(b) of the
Act, the collection of cash deposits at
the rates listed below will begin on the
date of publication of the ITC’s final
injury determination.
Therefore, in accordance with section
733(d) of the Act, Commerce will
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of wire rod from South Africa
and Ukraine entered, or withdrawn from
warehouse, for consumption after
February 27, 2018, the date on which
provisional measures expired, through
the day preceding the date of
publication of the ITC’s final
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination
regarding imports of wire rod from
South Africa, Commerce will instruct
CBP to lift suspension and refund any
cash deposits made to secure payment
of estimated antidumping duties on
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after August 2, 2017,
(i.e., 90 days prior to the date of
publication of the preliminary
determinations), but before October 31,
2017, (i.e., the date of publication of the
preliminary determinations).
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins for each antidumping
order are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
South Africa:
ArcelorMittal South Africa Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group), and Consolidated Wire Industries 9 ........................................................................................................................................
All-Others ......................................................................................................................................................................
Ukraine:
ArcelorMittal Steel Kryvyi Rih .......................................................................................................................................
Public Joint Stock Company Yenakiieve Iron And Steel Works ..................................................................................
All-Others ......................................................................................................................................................................
Notification to Interested Parties
daltland on DSKBBV9HB2PROD with NOTICES
This notice constitutes the
antidumping duty orders with respect to
wire rod from South Africa and Ukraine
pursuant to section 736(a) of the Act.
Interested parties can find a list of AD
orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
7 See
section 736(a)(3) of the Act.
Preliminary Determinations.
9 Commerce has determined that ArcelorMittal
South Africa Limited, Scaw South Africa (Pty) Ltd.
(also known as Scaw Metals Group), and
Consolidated Wire Industries are a single entity. See
Memorandum, ‘‘Less-Than-Fair-Value Investigation
8 See
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10 142.26
11 135.46
12 44.03
13 44.03
14 34.98
The scope of these orders covers 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
of Carbon and Alloy Steel Wire Rod from the
Republic of South Africa: Affiliation and Collapsing
Memorandum for ArcelorMittal South Africa
Limited, Scaw South Africa (Pty) Ltd. and
Consolidated Wire Industries,’’ dated October 24,
2017, unchanged in South Africa Final
Determination.
10 See South Africa Final Determination, 83 FR at
2141.
11 Id.
12 See Ukraine Final Determination, 83 FR 2135.
13 Id.
14 Id.
Dated: March 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
Scope of the Orders
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
merchandise that are not specifically
excluded are included in this scope.
The products under these orders 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.
[FR Doc. 2018–05153 Filed 3–13–18; 8:45 am]
BILLING CODE 3510–DS–P
case brief from Yama.2 On October 31,
2017, we received timely rebuttal
comments from Berwick Offray LLC (the
petitioner).3 On November 28, 2017,
Commerce postponed the final results of
review until March 6, 2018. Based on an
analysis of the comments received,
Commerce has made no changes to the
subsidy rate determined for the
respondent. The final subsidy rate is
listed below in the ‘‘Final Results of
Administrative Review’’ section.
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. The revised
deadline for the final determination of
this investigation is now March 9,
2018.4
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
The merchandise covered by the order
are narrow woven ribbons with woven
selvedge from China. A full description
of the scope of the order is contained in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.5
[C–570–953]
Narrow Woven Ribbons With Woven
Selvedge From the People’s Republic
of China: Final Results of
Countervailing Duty Administrative
Review; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Yama
Ribbons and Bows Co., Ltd (Yama), an
exporter/producer of narrow woven
ribbons with woven selvedge (ribbons)
from the People’s Republic of China
(China), received countervailable
subsidies during the period of review
(POR) January 1, 2015, through
December 31, 2015.
DATES: Applicable March 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1280.
SUPPLEMENTARY INFORMATION:
AGENCY:
daltland on DSKBBV9HB2PROD with NOTICES
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on September 7,
2017.1 We invited interested parties to
comment on the Preliminary Results. On
October 24, 2017, we received a timely
1 See Narrow Woven Ribbons with Woven
Selvedge from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review; 2015, 82 FR 42296
(September 7, 2017) (Preliminary Results).
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Jkt 244001
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues raised by
interested parties and to which we
responded in the Issues and Decision
Memorandum is provided in the
Appendix to this notice. 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 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 access directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
2 See Letter from Yama, ’’ Narrow Woven Ribbons
with Woven Selvedge from the People’s Republic of
China: Case Brief,’’ dated October 24, 2017.
3 See Letter from the petitioner, ‘‘Rebuttal Brief of
Petitioner Berwick Offray LLC,’’ dated October 31,
2017.
4 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
5 A full description of the scope of the order is
contained in Memorandum, ’’ Decision
Memorandum for the Final Results of 2015
Countervailing Duty Administrative Review:
Narrow Woven Ribbons with Woven Selvedge from
the People’s Republic of China,’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
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11177
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we made no
changes to our subsidy rate calculation.
For a discussion of these issues, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found to be countervailable, we find
that there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.6 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with section 777A(e) of
the Act and 19 CFR 351.221(b)(5), we
determine the total net countervailable
subsidy rate for the period January 1,
2015 to December 31, 2015 to be:
Company
Yama Ribbons and Bows Co.,
Ltd ...........................................
Subsidy
rate
(%)
23.37
Assessment Rates
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after the date of publication of the
final results of this review. Commerce
will instruct CBP to liquidate shipments
of subject merchandise produced and/or
exported by the company listed above,
entered, or withdrawn from warehouse,
for consumption, from January 1, 2015,
through December 31, 2015, at the ad
valorem rate listed above.
Cash Deposit Requirements
Commerce intends also to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount shown above for Yama, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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]]>Agencies
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11175-11177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-823, A-823-816]
Carbon and Alloy Steel Wire Rod From the Republic of South Africa
and Ukraine: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (the ITC),
Commerce is issuing antidumping duty orders on carbon and alloy steel
wire rod (wire rod) from the Republic of South Africa (South Africa)
and Ukraine.
DATES: Applicable March 14, 2018.
FOR FURTHER INFORMATION CONTACT: Moses Song at (202) 482-5041 or John
McGowan (202) 482-3019 (South Africa), Julia Hancock at (202) 482-1394,
Annathea Cook at (202) 482-0250, or Courtney Canales at (202) 482-4997
(Ukraine), AD/CVD Operations, Office V & VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 16,
2018, Commerce published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of wire rod from South
Africa and Ukraine.\1\ On March 1, 2018, the ITC notified Commerce of
its final affirmative determination that an industry in the United
States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of wire rod
from South Africa and Ukraine, and its determination that critical
circumstances do not exist with respect to imports of wire rod from
South Africa subject to Commerce's affirmative critical circumstances
determination.\2\ The ITC published its final determination on March 7,
2018.\3\
---------------------------------------------------------------------------
\1\ See 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, 83 FR
2141 (January 16, 2018) (South Africa Final Determination); Carbon
and Alloy Steel Wire Rod from Ukraine: Affirmative Final
Determination of Sales at Less Than Fair Value, 83 FR 2135 (January
16, 2018) (Ukraine Final Determination).
\2\ See Letter from the ITC to the Hon. Gary Taverman, dated
March 1, 2018 (ITC Notification Letter).
\3\ See Carbon and Certain Alloy Steel Wire Rod from South
Africa and Ukraine; Determinations, 83 FR 9749 (March 7, 2018).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is wire rod from South
Africa and Ukraine. For a complete description of the scope of these
orders, see the Appendix to this notice.
Antidumping Duty Orders
On March 1, 2018, in accordance with sections 735(b)(1)(A)(i) and
735(d) of the Act, the ITC notified Commerce of its final
determinations in these investigations, in which it found that an
industry in the United States is materially injured by reasons of
imports of wire rod from South Africa and Ukraine.\4\ The ITC also
notified Commerce of its determination that critical circumstances do
not exist with respect to imports of wire rod from South Africa subject
to Commerce's critical circumstances finding.\5\ Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing these AD
orders. Because the ITC determined that imports of wire rod from South
Africa and Ukraine are materially injuring a U.S. industry,
unliquidated entries of such merchandise from South Africa and Ukraine,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
---------------------------------------------------------------------------
\4\ See ITC Notification Letter.
\5\ Id.
---------------------------------------------------------------------------
As a result of the ITC's final affirmative determinations, in
accordance with section 736(a)(1) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of wire rod
from South Africa and Ukraine. Antidumping duties will be assessed on
unliquidated entries of wire rod from South Africa and Ukraine entered,
or withdrawn from warehouse, for consumption on or after October 31,
2017, the date of publication of the preliminary determinations,\6\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's final injury determination, as further described
below.
---------------------------------------------------------------------------
\6\ 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
50383 (October 31, 2017) (South Africa Preliminary Determination);
Carbon and Alloy Steel Wire Rod from Ukraine: Preliminary
Affirmative Determination of Sales at Less Than Fair Value:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 82 FR 50375 (October 31, 2017)
(Ukraine Preliminary Determination).
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct
[[Page 11176]]
CBP to reinstitute suspension of liquidation on all relevant entries of
wire rod from South Africa and Ukraine. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits for
estimated antidumping duties equal to the estimated weighted-average
dumping margins indicated below. Accordingly, effective the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, CBP will require, at the same time as importers would
normally deposit estimated duties on this subject merchandise, a cash
deposit equal to the estimated weighted-average dumping margins listed
below.\7\ The relevant ``all-others'' rates apply to all producers or
exporters not specifically listed, as appropriate.
---------------------------------------------------------------------------
\7\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. In reference to these proceedings, a request to
extend the final determination and extend provisional measures pursuant
to 19 CFR 351.210(e) was received from exporters of wire rod from South
Africa and the Ukraine. Commerce's preliminary determinations were
published on October 31, 2017.\8\ Commerce's final determinations were
not extended, and were published on January 16, 2018. As such, the
four-month period ended on February 27, 2018. Pursuant to section
737(b) of the Act, the collection of cash deposits at the rates listed
below will begin on the date of publication of the ITC's final injury
determination.
---------------------------------------------------------------------------
\8\ See Preliminary Determinations.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of wire rod from South Africa and Ukraine entered, or withdrawn from
warehouse, for consumption after February 27, 2018, the date on which
provisional measures expired, through the day preceding the date of
publication of the ITC's final determination in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination regarding imports of wire rod from South Africa, Commerce
will instruct CBP to lift suspension and refund any cash deposits made
to secure payment of estimated antidumping duties on subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after August 2, 2017, (i.e., 90 days prior to the date of publication
of the preliminary determinations), but before October 31, 2017, (i.e.,
the date of publication of the preliminary determinations).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
order are as follows:
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\9\ Commerce has determined that ArcelorMittal South Africa
Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals
Group), and Consolidated Wire Industries are a single entity. See
Memorandum, ``Less-Than-Fair-Value Investigation of Carbon and Alloy
Steel Wire Rod from the Republic of South Africa: Affiliation and
Collapsing Memorandum for ArcelorMittal South Africa Limited, Scaw
South Africa (Pty) Ltd. and Consolidated Wire Industries,'' dated
October 24, 2017, unchanged in South Africa Final Determination.
\10\ See South Africa Final Determination, 83 FR at 2141.
\11\ Id.
------------------------------------------------------------------------
Estimated weighted-
Exporter/producer average dumping margin
(percent)
------------------------------------------------------------------------
South Africa:
ArcelorMittal South Africa Limited, Scaw \10\ 142.26
South Africa (Pty) Ltd. (also known as
Scaw Metals Group), and Consolidated Wire
Industries \9\............................
All-Others................................. \11\ 135.46
Ukraine:
ArcelorMittal Steel Kryvyi Rih............. \12\ 44.03
Public Joint Stock Company Yenakiieve Iron \13\ 44.03
And Steel Works...........................
All-Others................................. \14\ 34.98
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
wire rod from South Africa and Ukraine pursuant to section 736(a) of
the Act. Interested parties can find a list of AD orders currently in
effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
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\12\ See Ukraine Final Determination, 83 FR 2135.
\13\ Id.
\14\ Id.
Dated: March 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
Scope of the Orders
The scope of these orders covers 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
[[Page 11177]]
merchandise that are not specifically excluded are included in this
scope.
The products under these orders 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.
[FR Doc. 2018-05153 Filed 3-13-18; 8:45 am]
BILLING CODE 3510-DS-P
