Carbon and Alloy Steel Wire Rod From Italy: Final Determination of Sales at Less Than Fair Value, 13230-13232 [2018-06134]
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13230
Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
normal value exceeds U.S. price, as
follows: (1) For POSCO, 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 41.10 percent, as
discussed in the ‘‘All-Others Rate’’
section, above.
The instructions suspending
liquidation will remain in effect until
further notice.
daltland on DSKBBV9HB2PROD with NOTICES
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 negative determination of
critical circumstances for Korea.
Because Commerce’s final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, 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 Korea 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withdrawn from warehouse, for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,
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Jkt 244001
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 this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: March 19, 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 or more of lead, 0.05
percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of
tellurium). All products meeting the physical
description of subject merchandise that are
not specifically excluded are included in this
scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093, 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS also may be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this proceeding is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstance
IV. Scope of the Investigation
V. Scope Comments
VI. Final Determination of No Sales For
STINKO
VII. Final Determination of Affiliation and
Collapsing
VIII. Changes to the Margin Calculation
IX. Discussion of the Issues:
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Sfmt 4703
Comment 1: Whether To Apply AFA to
POSCO Because its Weighted-Average
CONNUM-Specific Cost Database Is
Unreliable
Comment 2: Whether To Apply AFA to
POSCO Because It Failed To Report All
of its U.S. Sales
Comment 3: Whether Commerce Should
Use Additional Product Characteristics
for Model Match
Comment 4: U.S. Credit Expense
(CREDITU)
Comment 5: Whether POSCO Reported the
Appropriate Indirect Selling Expense
Incurred in the United States
(INDIRS1U)
Comment 6: Indirect Selling Expense
Incurred in the Home Market
(DINDIRS2U)
Comment 7: Whether POSCO Failed To
Report That its Sale to Company B Was
an Affiliated Sale
Comment 8: Negative Credit Expenses of
Home Market Sales
Comment 9: SAS Syntax for Capping Home
Market Freight Expenses
Comment 10: Whether To Include Interest
From Late Payment Interest in the
Interest Expense (INTEX) Calculation
X. Recommendation
[FR Doc. 2018–06143 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–836]
Carbon and Alloy Steel Wire Rod From
Italy: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
alloy wire rod (wire rod) from Italy is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2016, through
December 31, 2016. The final dumping
margins of sales at LTFV are listed
below in the ‘‘Final Determination’’
section of this notice.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075 and (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 31, 2017, Commerce
published the Preliminary
E:\FR\FM\28MRN1.SGM
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
Determination of sales at LTFV of wire
rod from Italy.1 On November 7, 2017,
Commerce published the postponement
of the final determinations of LTFV
investigations and extension of
provisional measures.2 On December 21,
2017, Commerce published the
Amended Preliminary Determination of
sales at LTFV of wire rod from Italy.3
Commerce has exercised its discretion
to toll deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final determination of this
investigation is now March 19, 2018.4 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 Issues and Decision
Memorandum, which is hereby adopted
by this notice.5
Scope of the Investigation
The scope of the investigation covers
wire rod from Italy. For a complete
description of the scope of the
investigation, see Appendix I.
daltland on DSKBBV9HB2PROD with NOTICES
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
1 See Carbon and Alloy Steel Wire Rod from Italy:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 82 FR 50381 (October 31,
2017) (Preliminary Determination).
2 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, Turkey, and the
United Kingdom: Postponement of Final
Determinations of Less-Than-Fair-Value
Investigation and Extension of Provisional
Measures, 82 FR 51613 (November 7, 2017).
3 See Carbon and Alloy Steel Wire Rod from Italy:
Amended Preliminary Determination of Sales at
Less Than Fair Value, 82 FR 60586 (December 21,
2017) (Amended Preliminary Determination).
4 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
5 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 Italy,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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20:30 Mar 27, 2018
Jkt 244001
comments, Commerce made no changes
to the scope of this investigation as it
appeared in the Initiation Notice.6
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.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. 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 it is available to
all parties in the Central Records Unit,
room B–8024 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/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
in November and December 2017, we
conducted verification of the sales and
cost information submitted by Ferriere
Nord S.p.A. (Ferriere Nord) for use in
our final determination. We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
6 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).
7 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.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
13231
original source documents provided by
Ferriere Nord.8
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Ferriere
Nord. For a discussion of these changes,
see the ‘‘Margin Calculations’’ section of
the Issues and Decision Memorandum.
Adverse Facts Available
In the Preliminary Determination,
because mandatory respondent Ferriera
Valsider S.p.A. (Ferriera Valsider) failed
to respond to Commerce’s
questionnaire, we applied adverse facts
available (AFA) to Ferriera Valsider, in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. We
corroborated the petition dumping
margin of 18.89 percent to the extent
practicable within the meaning of
section 776(c) of the Act. This is the sole
rate identified in the petition, and, thus,
we assigned this dumping margin to
Ferriera Valsider as AFA.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. Ferriere Nord is
the only respondent for which
Commerce calculated a companyspecific margin that is not zero, de
minimis, or based entirely on facts
otherwise available. Therefore, for
purposes of determining the ‘‘all-others’’
rate and pursuant to section 735(c)(5)(A)
of the Act, we are using the dumping
margin calculated for Ferriere Nord, as
referenced in the ‘‘Final Determination’’
section below.
Final Determination
The final weighted-average dumping
margins are as follows:
8 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Cost Response of Ferriere Nord
in the Antidumping Duty Investigation of Carbon
and Alloy Steel Wire Rod from Italy,’’ dated January
5, 2018; and Memorandum, ‘‘Verification of the
Sales Responses of Ferriere Nord in the
Antidumping Investigation of Carbon and Alloy
Wire Rod from Italy,’’ dated January 10, 2018.
E:\FR\FM\28MRN1.SGM
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
Notification Regarding Administrative
Protective Orders (APO)
Exporter/manufacturer
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
Ferriere Nord S.p.A./
disposition of proprietary information
Acciaierie di Verona
disclosed under APO in accordance
9 ..............................
S.p.A.
12.41
with 19 CFR 351.305(a)(3). Timely
Ferriera Valsider S.p.A .........
18.89
All Others ..............................
12.41 notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
Disclosure
requested. Failure to comply with the
We will disclose the calculations
regulations and the terms of an APO is
performed within five days of the date
a sanctionable violation.
of publication of this notice to parties in
This determination and this notice are
this proceeding in accordance with 19
issued and published pursuant to
CFR 351.224(b).
sections 735(d) and 777(i)(1) of the Act.
Dated: March 19, 2018.
Continuation of Suspension of
Liquidation
Gary Taverman,
Deputy Assistant Secretary for Antidumping
In accordance with section
and Countervailing Duty Operations,
735(c)(1)(B) of the Act, Commerce will
performing the non-exclusive functions and
instruct U.S. Customs and Border
duties of the Assistant Secretary for
Protection (CBP) to continue to suspend Enforcement and Compliance.
liquidation of all appropriate entries of
wire rod from Italy, which were entered, Appendix I
or withdrawn from warehouse, for
Scope of the Investigation
consumption on or after October 31,
The products covered by this investigation
2017, the date of publication of the
are certain hot-rolled products of carbon steel
preliminary determination of this
and alloy steel, in coils, of approximately
investigation in the Federal Register.
round cross section, less than 19.00 mm in
Further, Commerce will instruct CBP
actual solid cross-sectional diameter.
to require a cash deposit equal to the
Specifically excluded are steel products
possessing the above-noted physical
estimated amount by which the normal
characteristics and meeting the Harmonized
value exceeds the U.S. price as shown
Tariff Schedule of the United States (HTSUS)
above.
daltland on DSKBBV9HB2PROD with NOTICES
Weightedaverage
dumping
margins
(percent)
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, 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 of
wire rod from Italy no later than 45 days
after our final determination. 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, 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.
9 We
continue to treat Ferriere Nord and
Acciaierie di Verona S.p.A. as a single entity for the
final determination.
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20:30 Mar 27, 2018
Jkt 244001
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.
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues:
Comment 1: Revised General &
Administrative Expenses
Comment 2: Revised Selling Expenses
Comment 3: Ferriere Nord’s Correction
Letter
Comment 4: Correction of Errors
Discovered at Verification
VIII. Recommendation
[FR Doc. 2018–06134 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–813]
Certain Hot-Rolled Steel Flat Products
From the Netherlands: Rescission of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on certain hotrolled steel flat products from the
Netherlands for the period March 22,
2016, through September 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3477.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 4, 2017, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain hotrolled steel flat products (HR Steel) from
the Netherlands for the period of review
(POR) March 22, 2016, through
September 30, 2017.1 On October 31,
2017, the petitioners, AK Steel
Corporation, Steel Dynamics Inc., SSAB
Enterprises, LLC, ArcelorMittal USA
LLC, Nucor Corporation, and United
States Steel Corporation, requested an
administrative review of the order with
respect to Tata Steel IJmuiden B.V.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
PO 00000
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Fmt 4703
Sfmt 4703
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 46217
(October 4, 2017).
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Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13230-13232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06134]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-836]
Carbon and Alloy Steel Wire Rod From Italy: Final Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
and alloy wire rod (wire rod) from Italy is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2016, through December 31, 2016. The
final dumping margins of sales at LTFV are listed below in the ``Final
Determination'' section of this notice.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 and (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce published the Preliminary
[[Page 13231]]
Determination of sales at LTFV of wire rod from Italy.\1\ On November
7, 2017, Commerce published the postponement of the final
determinations of LTFV investigations and extension of provisional
measures.\2\ On December 21, 2017, Commerce published the Amended
Preliminary Determination of sales at LTFV of wire rod from Italy.\3\
Commerce has exercised its discretion to toll deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final determination of this investigation
is now March 19, 2018.\4\ 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 Issues and Decision Memorandum,
which is hereby adopted by this notice.\5\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
50381 (October 31, 2017) (Preliminary Determination).
\2\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, Turkey, and the United Kingdom: Postponement of
Final Determinations of Less-Than-Fair-Value Investigation and
Extension of Provisional Measures, 82 FR 51613 (November 7, 2017).
\3\ See Carbon and Alloy Steel Wire Rod from Italy: Amended
Preliminary Determination of Sales at Less Than Fair Value, 82 FR
60586 (December 21, 2017) (Amended Preliminary Determination).
\4\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
\5\ 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 Italy,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers wire rod from Italy. For a
complete description of the scope of the 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 to the scope of this investigation as it appeared in the
Initiation Notice.\6\
---------------------------------------------------------------------------
\6\ 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.\7\
---------------------------------------------------------------------------
\7\ 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 by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
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 it is available to all parties in the Central Records Unit, room B-
8024 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/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as
amended, (the Act) in November and December 2017, we conducted
verification of the sales and cost information submitted by Ferriere
Nord S.p.A. (Ferriere Nord) for use in our final determination. We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by Ferriere Nord.\8\
---------------------------------------------------------------------------
\8\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of the Cost Response
of Ferriere Nord in the Antidumping Duty Investigation of Carbon and
Alloy Steel Wire Rod from Italy,'' dated January 5, 2018; and
Memorandum, ``Verification of the Sales Responses of Ferriere Nord
in the
Antidumping Investigation of Carbon and Alloy Wire Rod from
Italy,'' dated January 10, 2018.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Ferriere Nord. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
Adverse Facts Available
In the Preliminary Determination, because mandatory respondent
Ferriera Valsider S.p.A. (Ferriera Valsider) failed to respond to
Commerce's questionnaire, we applied adverse facts available (AFA) to
Ferriera Valsider, in accordance with sections 776(a) and (b) of the
Act and 19 CFR 351.308. We corroborated the petition dumping margin of
18.89 percent to the extent practicable within the meaning of section
776(c) of the Act. This is the sole rate identified in the petition,
and, thus, we assigned this dumping margin to Ferriera Valsider as AFA.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. Ferriere Nord is the only respondent for which Commerce
calculated a company-specific margin that is not zero, de minimis, or
based entirely on facts otherwise available. Therefore, for purposes of
determining the ``all-others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the dumping margin calculated for
Ferriere Nord, as referenced in the ``Final Determination'' section
below.
Final Determination
The final weighted-average dumping margins are as follows:
[[Page 13232]]
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margins
(percent)
------------------------------------------------------------------------
Ferriere Nord S.p.A./Acciaierie di Verona S.p.A. \9\.... 12.41
Ferriera Valsider S.p.A................................. 18.89
All Others.............................................. 12.41
------------------------------------------------------------------------
Disclosure
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\9\ We continue to treat Ferriere Nord and Acciaierie di Verona
S.p.A. as a single entity for the final determination.
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We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of wire rod from Italy,
which were entered, or withdrawn from warehouse, for consumption on or
after October 31, 2017, the date of publication of the preliminary
determination of this investigation in the Federal Register.
Further, Commerce will instruct CBP to require a cash deposit equal
to the estimated amount by which the normal value exceeds the U.S.
price as shown above.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, 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 of wire rod from Italy no later than 45 days after
our final determination. 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, 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.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
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.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: March 19, 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. Scope of the Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues:
Comment 1: Revised General & Administrative Expenses
Comment 2: Revised Selling Expenses
Comment 3: Ferriere Nord's Correction Letter
Comment 4: Correction of Errors Discovered at Verification
VIII. Recommendation
[FR Doc. 2018-06134 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P