Carbon and Alloy Steel Wire Rod From Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 13249-13251 [2018-06136]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
The scope includes six general types of
flanges. They are: (1) Weld neck, generally
used in butt-weld line connection; (2)
threaded, generally used for threaded line
connections; (3) slip-on, generally used to
slide over pipe; (4) lap joint, generally used
with stub-ends/butt-weld line connections;
(5) socket weld, generally used to fit pipe
into a machine recession; and (6) blind,
generally used to seal off a line. The sizes
and descriptions of the flanges within the
scope include all pressure classes of ASME
B16.5 and range from one-half inch to
twenty-four inches nominal pipe size.
Specifically excluded from the scope of this
investigation are cast stainless steel flanges.
Cast stainless steel flanges generally are
manufactured to specification ASTM A351.
The country of origin for certain forged
stainless steel flanges, whether unfinished,
semi-finished, or finished is the country
where the flange was forged. Subject
merchandise includes stainless steel flanges
as defined above that have been further
processed in a third country. The processing
includes, but is not limited to, boring, facing,
spot facing, drilling, tapering, threading,
beveling, heating, or compressing, and/or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the stainless steel flanges.
Merchandise subject to the investigation is
typically imported under headings
7307.21.1000 and 7307.21.5000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). While HTSUS subheadings
and ASTM specifications are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Selection of Voluntary Respondent
VI. Affiliation and Collapsing
A. Bebitz/Viraj Single Entity
B. Echjay Single Entity
VII. Application of Facts Available and Use
of Adverse Inference
A. Application of Facts Available to
Bebitz/Viraj Single Entity
B. Application of Facts Available to Echjay
Single Entity
C. Selection and Corroboration of the AFA
Rate
VIII. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export
Price
XII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
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2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XIII. Critical Circumstances
XIV. Currency Conversion
XV. Conclusion
[FR Doc. 2018–06152 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–831]
Carbon and Alloy Steel Wire Rod From
Turkey: Final Determination of Sales at
Less Than Fair Value and Final
Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that carbon and
alloy steel wire rod (wire rod) from
Turkey is being, or is likely to be, sold
in the United States at less than fair
value during the period of investigation
(POI) is January 1, 2016, through
December 31, 2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen or Ian Hamilton, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5260 and (202) 482–4798,
respectively.
AGENCY:
13249
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.3
Scope of the Investigation
The scope of the investigation covers
wire rod from Turkey. 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 and made no changes to the
scope of the investigation as it appeared
in the Initiation Notice.4
In September 2017, we received scope
case and rebuttal briefs. On November
20, 2017, we issued the Final Scope
Decision Memorandum in response to
the comments received.5 We did not
change the scope of this investigation.
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
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce
published the Preliminary
Determination in the Federal Register.1
Commerce exercised its discretion to
toll all 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, 2018.2 A
1 See Carbon and Alloy Steel Wire Rod from
Turkey: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, and Preliminary
Negative Determination of Critical Circumstances,
82 FR 50377 (October 31, 2017) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum.
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the non-
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exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘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 3 days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Wire Rod
from Turkey,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 For discussion of these comments, see
Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
from Belarus, Italy, the Republic of Korea, the
Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Scope
Comments Decision Memorandum for the
Preliminary Determination’’ (Preliminary Scope
Decision Memorandum), dated August 7, 2017.
5 For discussion of these comments, see
Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
from Belarus, Italy, the Republic of Korea, the
Russian Federation, South Africa, Spain, the
Republic of Turkey, Ukraine, the United Arab
Emirates, and the United Kingdom: Final Scope
Memorandum’’ (Final Scope Decision
Memorandum), dated November 20, 2017.
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13250
Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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 2017 and February 2018,
we conducted verification of the sales
and cost information submitted by
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (Habas) and Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) 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 Habas and
Icdas.6
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 Habas and
Icdas. For a discussion of these changes,
see the ‘‘Margin Calculations’’ section of
the Issues and Decision Memorandum.
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. 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
margins calculated for Habas and Icdas,
as referenced in the ‘‘Final
Determination’’ section below.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for Habas and Icdas
that are not zero, de minimis or based
entirely on facts otherwise available.
Commerce calculated the all-others rate
using a simple average of the estimated
weighted-average dumping margins
calculated for the examined
respondents.7
Final Negative Determination of
Critical Circumstances
For the Preliminary Determination,
Commerce found that critical
circumstances do not exist with respect
to imports of wire rod from Habas,
Icdas, and all-other exporters/producers
covered by the ‘‘all others’’ rate.8 We
did not modify our critical
circumstances findings for the final
determination. Thus, pursuant to
section 735(a)(3) of the Act, and 19 CFR
351.206(h)(1)–(2), we continue to find
that critical circumstances do not exist
with respect to subject merchandise
produced or exported by Habas, Icdas,
and ‘‘all others.’’
Final Determination
The final weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margins
Exporter/manufacturer
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi ......................................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. .................................................................................................
All Others .................................................................................................................................................................
4.74
7.94
6.34
Cash deposit
rate adjusted
for subsidy
offset
0.87
4.15
2.51
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 Turkey, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after October 31,
2017, the date of publication of the
preliminary determination of this
investigation in the Federal Register.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
made an affirmative determination for
countervailable export subsidies,
Commerce offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. The adjusted
cash deposit rate may be found in the
Final Determination section above.
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.
6 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Wire Rod from Turkey: Verification
of Habas Sinai Ve Tibbi Gazlar Istih,’’ dated
February 14, 2018; Memorandum, ‘‘Verification of
Icdas Celik Enerji Tersane ve Ulasim A.S., in the
Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Wire Rod from Turkey,’’ dated
February 14, 2018; Memorandum, ‘‘Verification of
Habas Sinai Ve Tibbi Gazlar Istih, in the
Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Wire Rod from Turkey,’’ dated
February 12, 2018; Memorandum, ‘‘Verification of
Icdas Celik Enerji Tersane ve Ulasim A.S., in the
Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Wire Rod from Turkey,’’ dated
February 12, 2018.
7 With two respondents under examination,
Commerce normally calculates (A) a weighted
average of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sale quantities for
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). For a complete analysis of the
data, please see the All-Others’ Rate Calculation
Memorandum, dated concurrently with this notice.
8 See Preliminary Determination, 82 FR at 50377,
and accompanying Preliminary Decision
Memorandum, at 18–21.
Disclosure
We will disclose the calculations
performed within five days of the date
of public announcement of this notice to
parties in this proceeding in accordance
with 19 CFR 351.224(b).
daltland on DSKBBV9HB2PROD with NOTICES
Continuation of Suspension of
Liquidation
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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 Turkey 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.
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
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Jkt 244001
(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 Circumstances
IV. Scope of the Investigation
V. Scope Comments
VI. Margin Calculations
VII. Discussion of the Issues
General
1. Whether Respondents’ Duty Drawback
Adjustment Should Be Granted as
Reported and How To Calculate Any
Adjustment
Habas
2. Whether Habas’ U.S. Date of Sale Is
Contract Date or Invoice Date
3. Whether Habas’ Zero-Interest Loans
Reflect Commercial Reality
4. Whether Habas’ Home Market Credit
Expenses Should Be Recalculated To
Reflect the Period From Shipment to
Payment
5. Whether To Recalculate Habas’ Billet
Cost To Account for Yield Loss
6. Whether Habas’ Broken Billets Should
Be Valued at Scrap Prices
Icdas
7. Whether Icdas’ U.S. Date of Sale Is
Contract Date or Invoice Date
8. Whether the Application of Partial
Adverse Facts Available (AFA) Is
Warranted for Icdas’ Reporting of U.S.
Sales
9. Whether Commerce Should Calculate a
Domestic Inland Freight Adjustment for
Icdas’ U.S. Sales
10. Whether Commerce Should Disregard
Icdas’ Reported Cost of Inland Freight
Charged by Third Party Providers in Its
Home Market Sales Database Home
Market Freight Expenses
11. Whether Commerce Should Include an
Offset for Rental Income From Icdas
Electrik in Calculating Icdas’ G&A Rate
Ministerial Error in the Cost Test for OTS
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13251
12. Whether Commerce Should Accept a
Correction of a Clerical Error in the ByProduct Adjustment Rate Financial
Expense Ratio
13. Whether Commerce Should Grant
Icdas’ Request To Correct Manufacturer
Identification Codes
VIII. Adjustment to Cash Deposit Rate for
Export Subsidies
IX. Recommendation
[FR Doc. 2018–06136 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–868]
Welded Stainless Pressure Pipe From
India: Rescission of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administrative,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty order on welded
stainless pressure pipe (WSPP) from
India covering the period March 11,
2016, through December 31, 2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Keith A. Haynes or Laurel LaCivita at
AD/CVD Operations, Office III,
Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5139 or
(202) 482–4243, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 11, 2018, based on a
timely request by Sunrise Stainless
Private Limited, Sun Mark Stainless Pvt.
Ltd., and Shah Foils Ltd. (collectively,
Sunrise Group), and Hindustan Inox
Ltd., Commerce published in the
Federal Register a notice of initiation of
an administrative review of the
countervailing duty order on WSPP
from India with respect to two
companies, Sunrise Group and
Hindustan Inox Ltd.1 On January 19,
2018, and February 3, 2018, pursuant to
19 CFR 351.213(d)(1), Sunrise Group
and Hindustan Inox Ltd., respectively,
timely withdrew their requests for an
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018); see also amendment to the
initiation published in Initiation of Antidumping
and Countervailing Duty Administrative Reviews,
83 FR 11685 (March 16, 2018).
E:\FR\FM\28MRN1.SGM
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Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13249-13251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06136]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-831]
Carbon and Alloy Steel Wire Rod From Turkey: Final Determination
of Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon
and alloy steel wire rod (wire rod) from Turkey is being, or is likely
to be, sold in the United States at less than fair value during the
period of investigation (POI) is January 1, 2016, through December 31,
2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Ian Hamilton, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5260 and (202) 482-4798,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce published the Preliminary
Determination in the Federal Register.\1\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Turkey: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, and
Preliminary Negative Determination of Critical Circumstances, 82 FR
50377 (October 31, 2017) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all 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.\2\ 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.\3\
---------------------------------------------------------------------------
\2\ 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'', dated January 23, 2018. All deadlines in
this segment of the proceeding have been extended by 3 days.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Wire Rod from Turkey,''
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 Turkey. 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 and made no changes to the scope of the
investigation as it appeared in the Initiation Notice.\4\
---------------------------------------------------------------------------
\4\ For discussion of these comments, see Memorandum, ``Carbon
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea,
the Russian Federation, South Africa, Spain, the Republic of Turkey,
Ukraine, the United Arab Emirates, and the United Kingdom: Scope
Comments Decision Memorandum for the Preliminary Determination''
(Preliminary Scope Decision Memorandum), dated August 7, 2017.
---------------------------------------------------------------------------
In September 2017, we received scope case and rebuttal briefs. On
November 20, 2017, we issued the Final Scope Decision Memorandum in
response to the comments received.\5\ We did not change the scope of
this investigation.
---------------------------------------------------------------------------
\5\ For discussion of these comments, see Memorandum, ``Carbon
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea,
the Russian Federation, South Africa, Spain, the Republic of Turkey,
Ukraine, the United Arab Emirates, and the United Kingdom: Final
Scope Memorandum'' (Final Scope Decision Memorandum), dated November
20, 2017.
---------------------------------------------------------------------------
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
[[Page 13250]]
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 2017 and February 2018, we conducted
verification of the sales and cost information submitted by Habas Sinai
ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji
Tersane ve Ulasim Sanayi A.S. (Icdas) 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 Habas and Icdas.\6\
---------------------------------------------------------------------------
\6\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Antidumping Duty Investigation of
Certain Carbon and Alloy Steel Wire Rod from Turkey: Verification of
Habas Sinai Ve Tibbi Gazlar Istih,'' dated February 14, 2018;
Memorandum, ``Verification of Icdas Celik Enerji Tersane ve Ulasim
A.S., in the Antidumping Duty Investigation of Certain Carbon and
Alloy Steel Wire Rod from Turkey,'' dated February 14, 2018;
Memorandum, ``Verification of Habas Sinai Ve Tibbi Gazlar Istih, in
the Antidumping Duty Investigation of Certain Carbon and Alloy Steel
Wire Rod from Turkey,'' dated February 12, 2018; Memorandum,
``Verification of Icdas Celik Enerji Tersane ve Ulasim A.S., in the
Antidumping Duty Investigation of Certain Carbon and Alloy Steel
Wire Rod from Turkey,'' dated February 12, 2018.
---------------------------------------------------------------------------
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
Habas and Icdas. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
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. 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 margins calculated for Habas and Icdas, as referenced in the
``Final Determination'' section below.
In this investigation, Commerce calculated estimated weighted-
average dumping margins for Habas and Icdas that are not zero, de
minimis or based entirely on facts otherwise available. Commerce
calculated the all-others rate using a simple average of the estimated
weighted-average dumping margins calculated for the examined
respondents.\7\
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\7\ With two respondents under examination, Commerce normally
calculates (A) a weighted average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). For a complete analysis of the data, please see
the All-Others' Rate Calculation Memorandum, dated concurrently with
this notice.
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Final Negative Determination of Critical Circumstances
For the Preliminary Determination, Commerce found that critical
circumstances do not exist with respect to imports of wire rod from
Habas, Icdas, and all-other exporters/producers covered by the ``all
others'' rate.\8\ We did not modify our critical circumstances findings
for the final determination. Thus, pursuant to section 735(a)(3) of the
Act, and 19 CFR 351.206(h)(1)-(2), we continue to find that critical
circumstances do not exist with respect to subject merchandise produced
or exported by Habas, Icdas, and ``all others.''
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\8\ See Preliminary Determination, 82 FR at 50377, and
accompanying Preliminary Decision Memorandum, at 18-21.
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Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted- Cash deposit
average rate adjusted
Exporter/manufacturer dumping for subsidy
margins offset
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal 4.74 0.87
Endustrisi.............................
Icdas Celik Enerji Tersane ve Ulasim 7.94 4.15
Sanayi A.S.............................
All Others.............................. 6.34 2.51
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of public announcement 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 Turkey,
as described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after October 31, 2017,
the date of publication of the preliminary determination of this
investigation in the Federal Register.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce made an affirmative
determination for countervailable export subsidies, Commerce offset the
estimated weighted-average dumping margin by the appropriate CVD rate.
The adjusted cash deposit rate may be found in the Final Determination
section above.
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.
[[Page 13251]]
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 Turkey 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 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 Circumstances
IV. Scope of the Investigation
V. Scope Comments
VI. Margin Calculations
VII. Discussion of the Issues
General
1. Whether Respondents' Duty Drawback Adjustment Should Be
Granted as Reported and How To Calculate Any Adjustment
Habas
2. Whether Habas' U.S. Date of Sale Is Contract Date or Invoice
Date
3. Whether Habas' Zero-Interest Loans Reflect Commercial Reality
4. Whether Habas' Home Market Credit Expenses Should Be
Recalculated To Reflect the Period From Shipment to Payment
5. Whether To Recalculate Habas' Billet Cost To Account for
Yield Loss
6. Whether Habas' Broken Billets Should Be Valued at Scrap
Prices
Icdas
7. Whether Icdas' U.S. Date of Sale Is Contract Date or Invoice
Date
8. Whether the Application of Partial Adverse Facts Available
(AFA) Is Warranted for Icdas' Reporting of U.S. Sales
9. Whether Commerce Should Calculate a Domestic Inland Freight
Adjustment for Icdas' U.S. Sales
10. Whether Commerce Should Disregard Icdas' Reported Cost of
Inland Freight Charged by Third Party Providers in Its Home Market
Sales Database Home Market Freight Expenses
11. Whether Commerce Should Include an Offset for Rental Income
From Icdas Electrik in Calculating Icdas' G&A Rate Ministerial Error
in the Cost Test for OTS
12. Whether Commerce Should Accept a Correction of a Clerical
Error in the By-Product Adjustment Rate Financial Expense Ratio
13. Whether Commerce Should Grant Icdas' Request To Correct
Manufacturer Identification Codes
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Recommendation
[FR Doc. 2018-06136 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P