Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of Critical Circumstances, in Part, 13233-13235 [2018-06147]

Download as PDF Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices (TSIJ).2 On December 7, 2017, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the order on HR Steel from the Netherlands with respect to TSIJ.3 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.4 On March 12, 2018, the petitioners timely withdrew their request for an administrative review of TSIJ.5 No other party requested a review. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ The petitioners withdrew their request for review within the 90-day time limit. Because we received no other requests for review of TSIJ, and no other requests for the review of the order on HR Steel from the Netherlands, we are rescinding the administrative review of the order in full, in accordance with 19 CFR 351.213(d)(1). Assessment daltland on DSKBBV9HB2PROD with NOTICES Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of HR Steel products from the Netherlands during the POR at rates equal to the cash deposit rate of estimated antidumping 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 15 days after publication of this notice in the Federal Register. 2 See the petitioners’ Letter, ‘‘Re: Hot-Rolled Steel Flat Products from the Netherlands: 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 Memorandum, ‘‘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 the petitioners’ Letter, ‘‘Re Hot-Rolled Steel Flat Products from the Netherlands/Withdrawal of Request for Administrative Review,’’ dated March 12, 2018. VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also 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 written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). 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. [FR Doc. 2018–06207 Filed 3–27–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–816] Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of Critical Circumstances, in Part 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 Spain 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 certain imports of the subject merchandise. The period of AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 13233 investigation (POI) is January 1, 2016 through December 31, 2016. DATES: Applicable March 28, 2018. FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Chelsey Simonovich, 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) 482–0698 and (202) 482–1979, respectively. SUPPLEMENTARY INFORMATION: Background On October 31, 2017, Commerce published the Preliminary Determination of sales at LTFV of wire rod from Spain.1 On November 7, 2017, Commerce published the postponement of the final determinations of LTFV investigation and extension of provisional measures.2 On December 7, 2017, Commerce published the Amended Preliminary Determination of sales at LTFV of wire rod from Spain.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 1 See Carbon and Alloy Steel Wire Rod from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Determination of Critical Circumstances, in Part, 82 FR 50389 (October 31, 2017) (Preliminary Determination), and accompanying memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod from Spain,’’ dated October 24, 2017 (Preliminary Decision Memorandum). 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 Spain: Amended Preliminary Determination of Sales at Less Than Fair Value, 82 FR 57726 (December 7, 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. E:\FR\FM\28MRN1.SGM 28MRN1 13234 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.5 Scope of the Investigation The product covered by this investigation is wire rod from Spain. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the Preliminary Determination, Commerce issued a Preliminary Scope Decision Memorandum to address these comments. As a result of these comments, Commerce made no changes 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 the comments received.7 We did not change the scope of this investigation. daltland on DSKBBV9HB2PROD with NOTICES 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:// 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 Spain,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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. VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 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 Global Steel Wire S.A. (GSW), CELSA Atlantic ´ ˜ S.A., and Companıa Espanola de ´ Laminacion (collectively, CELSA) 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 CELSA.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 CELSA. 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 ArcelorMittal Espana S.A. (AME) failed to respond to Commerce’s questionnaire, we applied adverse facts available (AFA) to AME in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. We corroborated the petition dumping margin of 32.64 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 AME 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 8 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of the Cost Response of Global Steel Wire S.A., CELSA Atlantic S.A., and Compania Espanola de Laminacion in the Less-Than-FairValue Investigation of Carbon and Alloy Steel Wire Rod from Spain,’’ dated January 8, 2018; and Memorandum, ‘‘Verification of the Sales Response of Global Steel Wire S.A., CELSA Atlantic S.A., and Compania Espanola de Laminacion in the Antidumping Investigation of Carbon Alloy Steel Wire Rod from Spain,’’ dated January 18, 2018. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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. CELSA 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 CELSA, as referenced in the ‘‘Final Determination’’ section below. Final Determination The final weighted-average dumping margins are as follows: Exporter/manufacturer Global Steel Wire S.A./ CELSA Atlantic S.A./ ˜ ´ Companıa Espanola de ´ Laminacion 9 ...................... ArcelorMittal Espana S.A ..... All-Others .............................. Weightedaverage dumping margins (percent) 11.08 32.64 11.08 Affirmative Determination of Critical Circumstances In accordance with section 735(a)(3) of the Act and 19 CFR 351.206, Commerce continues to find that critical circumstances do not exist for CELSA and all-other companies, but do exist for AME, for the reasons described in the Issues and Decision Memorandum. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the ‘‘Critical Circumstances’’ section of the Issues and Decision Memorandum. 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 In accordance with section 735(c)(1)(B) of the Act, Commerce will 9 No interested party commented on our preliminary determination that Global Steel Wire ´ ˜ S.A., CELSA Atlantic S.A., and Companıa Espanola ´ de Laminacion are affiliated within the meaning of section 771(33)(F) of the Act, and that these companies should be treated as a single entity pursuant to 19 CFR 351.401(f). See Preliminary Determination, 82 FR 50389. Accordingly, we are continuing to find these companies affiliated and to treat them as a single entity for these final results. E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of wire rod from Spain, 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. For entries made by AME, in accordance with section 735(c)(4)(A) 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 Spain 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. Further, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margins as shown above. daltland on DSKBBV9HB2PROD with 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 Spain sold in the United States at LTFV 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, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. 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 VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). 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. Use of Adverse Facts Available IV. Critical Circumstances V. Scope of the Investigation VI. Scope Comments VII. Margin Calculations VIII. Discussion of the Issues: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 13235 Comment 1: Date of Sale and Use of Constructed Export Price Comment 2: Inclusion of Certain Extraordinary Expenses in GSW’s Net General and Administrative Expenses Comment 3: Correction of Certain Data Errors Comment 4: Inclusion of Income Attributable to Certain Scrap Sales in GSW’s Net General and Administrative Expenses Comment 5: Adjustment of GSW’s Reported Costs To Reflect the Yield Loss Attributable to the Cutting Stage of the Production Process Comment 6: Whether GSW Understated its Per-Unit Costs by Reporting Sales Quantities Comment 7: Whether GSW Improperly Calculated Direct Materials Cost on a Product-Group Basis Comment 8: Inclusion of Certain Items in the Calculation of the CELSA Companies’ General and Administrative Expense Rates Comment 9: AFA IX. Recommendation [FR Doc. 2018–06147 Filed 3–27–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Glycine From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on glycine from the People’s Republic of China (China), covering the period of March 1, 2013, through February 28, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Baoding Mantong Fine Chemistry Co. Ltd. (Baoding Mantong). DATES: Applicable [March 22, 2018]. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: AGENCY: E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13233-13235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-816]


Carbon and Alloy Steel Wire Rod From Spain: Final Determination 
of Sales at Less Than Fair Value, and Final Determination of Critical 
Circumstances, in Part

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 Spain 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 certain imports of the subject merchandise. The period of 
investigation (POI) is January 1, 2016 through December 31, 2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Chelsey 
Simonovich, 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) 482-0698 
and (202) 482-1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of wire rod from Spain.\1\ On November 
7, 2017, Commerce published the postponement of the final 
determinations of LTFV investigation and extension of provisional 
measures.\2\ On December 7, 2017, Commerce published the Amended 
Preliminary Determination of sales at LTFV of wire rod from Spain.\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

[[Page 13234]]

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 Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Preliminary Determination of Critical Circumstances, in Part, 82 FR 
50389 (October 31, 2017) (Preliminary Determination), and 
accompanying memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Carbon and 
Alloy Steel Wire Rod from Spain,'' dated October 24, 2017 
(Preliminary Decision Memorandum).
    \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 Spain: Amended 
Preliminary Determination of Sales at Less Than Fair Value, 82 FR 
57726 (December 7, 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 Spain,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    During the course of this investigation, Commerce received numerous 
scope comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
to address these comments. As a result of these comments, Commerce made 
no changes to the scope of this investigation as it appeared in the 
Initiation Notice.\6\
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    \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 the comments received.\7\ We did not change the scope of 
this investigation.
---------------------------------------------------------------------------

    \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.
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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

    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 Global Steel Wire S.A. 
(GSW), CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de 
Laminaci[oacute]n (collectively, CELSA) 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 CELSA.\8\
---------------------------------------------------------------------------

    \8\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Cost Response 
of Global Steel Wire S.A., CELSA Atlantic S.A., and Compania 
Espanola de Laminacion in the Less-Than-Fair-Value Investigation of 
Carbon and Alloy Steel Wire Rod from Spain,'' dated January 8, 2018; 
and Memorandum, ``Verification of the Sales Response of Global Steel 
Wire S.A., CELSA Atlantic S.A., and Compania Espanola de Laminacion 
in the Antidumping Investigation of Carbon Alloy Steel Wire Rod from 
Spain,'' dated January 18, 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 
CELSA. 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 
ArcelorMittal Espana S.A. (AME) failed to respond to Commerce's 
questionnaire, we applied adverse facts available (AFA) to AME in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. 
We corroborated the petition dumping margin of 32.64 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 AME 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. CELSA 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 CELSA, as 
referenced in the ``Final Determination'' section below.

Final Determination

    The final weighted-average dumping margins are as follows:
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    \9\ No interested party commented on our preliminary 
determination that Global Steel Wire S.A., CELSA Atlantic S.A., and 
Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n are affiliated 
within the meaning of section 771(33)(F) of the Act, and that these 
companies should be treated as a single entity pursuant to 19 CFR 
351.401(f). See Preliminary Determination, 82 FR 50389. Accordingly, 
we are continuing to find these companies affiliated and to treat 
them as a single entity for these final results.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Global Steel Wire S.A./CELSA Atlantic S.A./                        11.08
 Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n
 \9\....................................................
ArcelorMittal Espana S.A................................           32.64
All-Others..............................................           11.08
------------------------------------------------------------------------

Affirmative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 351.206, 
Commerce continues to find that critical circumstances do not exist for 
CELSA and all-other companies, but do exist for AME, for the reasons 
described in the Issues and Decision Memorandum. For a full description 
of the methodology and results of Commerce's critical circumstances 
analysis, see the ``Critical Circumstances'' section of the Issues and 
Decision Memorandum.

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

    In accordance with section 735(c)(1)(B) of the Act, Commerce will

[[Page 13235]]

instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of wire rod from Spain, 
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. For 
entries made by AME, in accordance with section 735(c)(4)(A) 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 Spain 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.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margins 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 Spain sold in the United States at 
LTFV 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

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.

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 and 19 CFR 
351.210(c).

    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. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of the Issues:
    Comment 1: Date of Sale and Use of Constructed Export Price
    Comment 2: Inclusion of Certain Extraordinary Expenses in GSW's 
Net General and Administrative Expenses
    Comment 3: Correction of Certain Data Errors
    Comment 4: Inclusion of Income Attributable to Certain Scrap 
Sales in GSW's Net General and Administrative Expenses
    Comment 5: Adjustment of GSW's Reported Costs To Reflect the 
Yield Loss Attributable to the Cutting Stage of the Production 
Process
    Comment 6: Whether GSW Understated its Per-Unit Costs by 
Reporting Sales Quantities
    Comment 7: Whether GSW Improperly Calculated Direct Materials 
Cost on a Product-Group Basis
    Comment 8: Inclusion of Certain Items in the Calculation of the 
CELSA Companies' General and Administrative Expense Rates
    Comment 9: AFA
IX. Recommendation

[FR Doc. 2018-06147 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P
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