Carbon and Alloy Steel Wire Rod From the United Kingdom: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 13252-13254 [2018-06144]
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13252
Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
administrative review.2 No other party
requested a review of this order.
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.3
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws the request within 90
days of the date of publication of the
notice of initiation of the requested
review. Sunrise Group and Hindustan
Inox Ltd. withdrew their respective
review requests by the 90-day deadline,
and no other parties requested an
administrative review of this order.
Therefore, we are rescinding the
administrative review of the
countervailing duty order on WSPP
from India covering the period March
11, 2016, to December 31, 2016, in its
entirety.
Dated: March 22, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
BILLING CODE 3510–DS–P
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Because Commerce is
rescinding this administrative review in
its entirety, the entries to which this
administrative review pertains shall be
assessed countervailing duties that are
equal to the cash deposits of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP within 15 days after
the publication of this notice in the
Federal Register.
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
[FR Doc. 2018–06150 Filed 3–27–18; 8:45 am]
Assessment
2 See Sunrise Group’s Letter, ‘‘Welded Stainless
Pressure Pipe from India from India: Withdrawal of
Request for Administrative Review of
Countervailing Duty of Sunrise Stainless Private
Limited, Sun Mark Stainless Pvt. Ltd., and Shah
Foils Ltd.,’’ dated January 19, 2018; see also
Hindustan Inox Ltd.’s Letter, ‘‘Welded Stainless
Pressure Pipe from India: Withdrawal of Request for
Administrative Review of Countervailing Duty of
Hindustan Inox Ltd.,’’ dated February 3, 2018.
3 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.
VerDate Sep<11>2014
Administrative Protective Orders
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO, in
accordance with 19 CFR 351.305, which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
20:30 Mar 27, 2018
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–412–826]
Carbon and Alloy Steel Wire Rod From
the United Kingdom: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
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 the
United Kingdom is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). In addition, we
determine that critical circumstances
exist with respect to imports of the
subject merchandise. The period of
investigation is January 1, 2016, through
December 31, 2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado, 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) 482–4682.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce
published the Preliminary
Determination of sales at LTFV of wire
rod from the United Kingdom.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
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 the United Kingdom. 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
1 See Carbon and Alloy Steel Wire Rod from the
United Kingdom: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical
Circumstances, 82 FR 50394 (October 31, 2017)
(Preliminary Determination).
2 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’’, 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 the United Kingdom,’’ 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.
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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
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
British Steel Limited (British Steel)
informed Commerce prior to verification
that it was withdrawing from
participation as a mandatory respondent
in this investigation.6 Accordingly,
Commerce was unable to conduct
verification under section 782(i)(1) of
the Act. Moreover, Commerce
determines that British Steel, by
refusing to allow Commerce to verify its
questionnaire responses, did not
cooperate to the best of its ability in this
investigation.
daltland on DSKBBV9HB2PROD with NOTICES
Adverse Facts Available
In the Preliminary Determination,
because mandatory respondent Longs
Steel UK Limited (Longs Steel) failed to
respond to Commerce’s questionnaire,
we applied adverse facts available
(AFA) to this respondent, in accordance
with sections 776(a) and (b) of the Act
and 19 CFR 351.308.
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.
6 See British Steel’s Letter, ‘‘Carbon and Certain
Alloy Steel Wire Rod from the United Kingdom:
British Steel’s Withdrawal from Participation as a
Mandatory Respondent in the Antidumping
Investigation,’’ dated November 1, 2017 (British
Steel Withdrawal Letter).
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20:30 Mar 27, 2018
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13253
Commerce received no comments
regarding its preliminary application of
an AFA dumping margin to Longs Steel.
For the final determination, Commerce
has not altered its analysis or its
decision to apply AFA to Longs Steel.
Additionally, due to British Steel’s
withdrawal from participation in this
investigation prior to verification, we
determine that British Steel’s data
cannot serve as a reliable basis for
reaching a determination in this
investigation because that data could
not be verified. We further determine
that British Steel significantly impeded
the investigation and did not act to the
best of its ability to comply with our
requests for information. Therefore, we
also find it appropriate to apply an AFA
dumping margin to British Steel. For
further discussion, see the Issues and
Decision Memorandum.
the ‘‘all others’’ rate.7 We made no
changes to our critical circumstances
preliminary determination. For further
discussion, see the Issues and Decision
Memorandum at ‘‘Critical
Circumstances.’’ Thus, pursuant to
section 735(a)(3) of the Act, and 19 CFR
351.206, we find that critical
circumstances exist with respect to
subject merchandise produced or
exported by British Steel, Longs Steel,
and ‘‘all others.’’
All-Others Rate
British Steel Limited ..............
Longs Steel UK Limited ........
All-Others ..............................
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. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely under section 776 of the Act,
Commerce may use any reasonable
method to establish the estimated
dumping margin for all other producers
or exporters. This includes averaging
the weighted-average dumping margins
for the individually investigated
respondents.
As noted above, British Steel and
Longs Steel are the sole mandatory
respondents in this proceeding, and the
margins for both companies are
determined entirely under section 776
of the Act. Consequently, consistent
with section 735(c)(5)(B) of the Act, we
are using the margin determined for
British Steel and Longs Steel as the ‘‘allothers’’ rate. This rate is 147.63 percent.
Final Affirmative Determination of
Critical Circumstances
For the Preliminary Determination,
Commerce found that critical
circumstances exist with respect to
imports of wire rod from British Steel,
Longs Steel, and companies covered by
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Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
147.63
147.63
147.63
Disclosure
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
For entries made by British Steel,
Longs Steel, and companies covered by
the ‘‘all others’’ rate, in accordance with
section 735(c)(4)(B) of the Act, because
we continue to find that critical
circumstances exist, we will instruct
CBP to continue to suspend liquidation
of all appropriate entries of wire rod
from the United Kingdom which were
entered, or withdrawn from warehouse,
for consumption on or after August 2,
2017, which is 90 days prior to the date
of publication of the preliminary
determination of this investigation in
the Federal Register.
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
7 See Preliminary Determination, and
accompanying Preliminary Decision Memorandum,
at 23–24.
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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 the United Kingdom, 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 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
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.
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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
VerDate Sep<11>2014
20:30 Mar 27, 2018
Jkt 244001
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. Application of Facts Available and Use of
Adverse Inference
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of the Issues
Comment 1: Determination of Critical
Circumstances for British Steel
VIII. Recommendation
[FR Doc. 2018–06144 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–919]
Electrolytic Manganese Dioxide From
the People’s Republic of China:
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 electrolytic
manganese dioxide from the People’s
Republic of China (China) for the period
of review (POR) October 1, 2016,
through September 30, 2017.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Celeste Chen or Jeffrey Pedersen, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0890 or (202) 482–2769,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On October 4, 2017, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on electrolytic
manganese dioxide from China for the
POR October 1, 2016, through
September 30, 2017.1 On October 31,
2017, in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213(b),
Duracell, Inc. (the petitioner), requested
a review of the order with respect to
Shenzhen Pengcheng South Industry
and Trade Co., Ltd. (Shenzhen
Pengcheng).2 On December 7, 2017, in
accordance with section 751(a) of the
Act and 19 CFR 351.221(c)(1)(i),
Commerce initiated an administrative
review of the antidumping duty order
on electrolytic manganese dioxide from
China with respect to this company.3
On February 5, 2018, Duracell timely
withdrew its request for an
administrative review of Shenzhen
Pengcheng.4 No other party requested a
review.
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.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication date of the
notice of initiation of the requested
review. Duracell withdrew its request
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 46217
(October 4, 2017).
2 See Letter from Duracell, ‘‘Electrolytic
Manganese Dioxide from the People’s Republic of
China: Request for Administrative Review,’’ dated
October 31, 2017.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
57705 (December 7, 2017) (Initiation Notice).
4 See Letter from Duracell, ‘‘Antidumping Duty
Administrative Review of Electrolytic Manganese
Dioxide from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated February 5, 2018.
5 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.
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]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13252-13254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06144]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-826]
Carbon and Alloy Steel Wire Rod From the United Kingdom: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative 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 the United Kingdom is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). In addition, we determine that critical circumstances exist
with respect to imports of the subject merchandise. The period of
investigation is January 1, 2016, through December 31, 2016.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, Commerce published the Preliminary
Determination of sales at LTFV of wire rod from the United Kingdom.\1\
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\1\ See Carbon and Alloy Steel Wire Rod from the United Kingdom:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value and Preliminary Affirmative Determination of Critical
Circumstances, 82 FR 50394 (October 31, 2017) (Preliminary
Determination).
---------------------------------------------------------------------------
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 the United
Kingdom,'' 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 the United
Kingdom. 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.
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[[Page 13253]]
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.
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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
British Steel Limited (British Steel) informed Commerce prior to
verification that it was withdrawing from participation as a mandatory
respondent in this investigation.\6\ Accordingly, Commerce was unable
to conduct verification under section 782(i)(1) of the Act. Moreover,
Commerce determines that British Steel, by refusing to allow Commerce
to verify its questionnaire responses, did not cooperate to the best of
its ability in this investigation.
---------------------------------------------------------------------------
\6\ See British Steel's Letter, ``Carbon and Certain Alloy Steel
Wire Rod from the United Kingdom: British Steel's Withdrawal from
Participation as a Mandatory Respondent in the Antidumping
Investigation,'' dated November 1, 2017 (British Steel Withdrawal
Letter).
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Adverse Facts Available
In the Preliminary Determination, because mandatory respondent
Longs Steel UK Limited (Longs Steel) failed to respond to Commerce's
questionnaire, we applied adverse facts available (AFA) to this
respondent, in accordance with sections 776(a) and (b) of the Act and
19 CFR 351.308.
Commerce received no comments regarding its preliminary application
of an AFA dumping margin to Longs Steel. For the final determination,
Commerce has not altered its analysis or its decision to apply AFA to
Longs Steel.
Additionally, due to British Steel's withdrawal from participation
in this investigation prior to verification, we determine that British
Steel's data cannot serve as a reliable basis for reaching a
determination in this investigation because that data could not be
verified. We further determine that British Steel significantly impeded
the investigation and did not act to the best of its ability to comply
with our requests for information. Therefore, we also find it
appropriate to apply an AFA dumping margin to British Steel. For
further discussion, see 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. Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely under section 776 of the Act, Commerce may use any
reasonable method to establish the estimated dumping margin for all
other producers or exporters. This includes averaging the weighted-
average dumping margins for the individually investigated respondents.
As noted above, British Steel and Longs Steel are the sole
mandatory respondents in this proceeding, and the margins for both
companies are determined entirely under section 776 of the Act.
Consequently, consistent with section 735(c)(5)(B) of the Act, we are
using the margin determined for British Steel and Longs Steel as the
``all-others'' rate. This rate is 147.63 percent.
Final Affirmative Determination of Critical Circumstances
For the Preliminary Determination, Commerce found that critical
circumstances exist with respect to imports of wire rod from British
Steel, Longs Steel, and companies covered by the ``all others''
rate.\7\ We made no changes to our critical circumstances preliminary
determination. For further discussion, see the Issues and Decision
Memorandum at ``Critical Circumstances.'' Thus, pursuant to section
735(a)(3) of the Act, and 19 CFR 351.206, we find that critical
circumstances exist with respect to subject merchandise produced or
exported by British Steel, Longs Steel, and ``all others.''
---------------------------------------------------------------------------
\7\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum, at 23-24.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
British Steel Limited................................... 147.63
Longs Steel UK Limited.................................. 147.63
All-Others.............................................. 147.63
------------------------------------------------------------------------
Disclosure
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
For entries made by British Steel, Longs Steel, and companies
covered by the ``all others'' rate, in accordance with section
735(c)(4)(B) of the Act, because we continue to find that critical
circumstances exist, we will instruct CBP to continue to suspend
liquidation of all appropriate entries of wire rod from the United
Kingdom which were entered, or withdrawn from warehouse, for
consumption on or after August 2, 2017, which is 90 days prior to the
date of publication of the preliminary determination of this
investigation in the Federal Register.
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
[[Page 13254]]
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 the United Kingdom, 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
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 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. Application of Facts Available and Use of Adverse Inference
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of the Issues
Comment 1: Determination of Critical Circumstances for British
Steel
VIII. Recommendation
[FR Doc. 2018-06144 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P
