Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey, 23417-23420 [2018-10879]
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
review. The petitioners withdrew their
request for review within the 90-day
deadline. Because Commerce received
no other requests for review of the
above-referenced companies, and no
other requests were made for a review
of the AD order on honey from China
with respect to other companies, we are
rescinding the administrative review
covering the period December 1, 2016,
through November 30, 2017, in full, in
accordance with 19 CFR 351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of honey from China during the
POR at rates equal to the cash deposit
rate for 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.
Notification to Importers
This notice serves as the only
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 the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
sradovich on DSK3GMQ082PROD with NOTICES
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 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).
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23417
Dated: May 15, 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.
rod from Italy, Korea, Spain, Turkey,
and the United Kingdom.1
On March 27, 2018, Nucor
Corporation, a petitioner in these
investigations (the petitioner), alleged
that Commerce made a ministerial error
in the Turkey Final Determination with
[FR Doc. 2018–10778 Filed 5–18–18; 8:45 am]
regard to programming language
BILLING CODE 3510–DS–P
identifying the U.S. date of sale for
respondent Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas).2 On
DEPARTMENT OF COMMERCE
April 13, 2018, Commerce issued a
ministerial error memorandum agreeing
International Trade Administration
that it made a ministerial error, but
[A–475–836, A–580–891, A–469–816, A–489– found that revisions to the programming
language had no impact on the final
831, A–412–826]
margin for Habas.3 On April 17, 2018,
Carbon and Alloy Steel Wire Rod From the petitioner commented on
Italy, the Republic of Korea, Spain, the Commerce’s ministerial error
Republic of Turkey, and the United
memorandum and alleged that
Kingdom: Antidumping Duty Orders
Commerce misplaced the revised
and Amended Final Affirmative
programming language used to correct
Antidumping Duty Determinations for
Habas’ U.S. date of sale, which
Spain and the Republic of Turkey
incorrectly resulted in no change to the
calculated margin.4 Habas did not
AGENCY: Enforcement and Compliance,
comment on either allegation.
International Trade Administration,
On April 3, 2018, Global Steel Wire
Department of Commerce.
S.A., CELSA Atlantic S.A., and
SUMMARY: Based on affirmative final
´
´
˜
Companıa Espanola de Laminacion
determinations by the Department of
(collectively, CELSA) alleged that
Commerce (Commerce) and the
Commerce made ministerial errors by
International Trade Commission (ITC),
mischaracterizing the destination codes
Commerce is issuing antidumping duty
in the final margin program in the Spain
orders on carbon and alloy steel wire
Final Determination. Additionally,
rod (wire rod) from Italy, the Republic
of Korea (Korea), Spain, the Republic of CELSA alleges that Commerce failed to
deduct all applicable U.S. constructed
Turkey (Turkey), and the United
Kingdom. In addition, Commerce is
1 See Carbon and Alloy Steel Wire Rod From Italy:
amending its affirmative final
Final Determination of Sales at Less Than Fair
determinations for Spain and Turkey to
Value, 83 FR 13230 (March 28, 2018); Carbon and
correct ministerial errors.
Alloy Steel Wire Rod From the Republic of Korea:
Final Affirmative Determination of Sales at Less
DATES: Applicable May 21, 2018.
Than Fair Value and Final Negative Determination
FOR FURTHER INFORMATION CONTACT:
of Critical Circumstances, 83 FR 13228 (March 28,
Mark Flessner at (202) 482–6312 (Italy), 2018) and the accompanying Issues and Decision
Memorandum; Carbon and Alloy Steel Wire Rod
Lingjun Wang at (202) 482–2316
From Spain: Final Determination of Sales at Less
(Korea), Chelsey Simonovich or Davina
Than Fair Value, and Final Determination of
Friedmann at (202) 482–1979 or (202)
Critical Circumstances, in Part, 83 FR 13233 (March
28, 2018) (Spain Final Determination) and the
482–0698 (Spain), Ryan Mullen or Ian
accompanying Issues and Decision Memorandum;
Hamilton at (202) 482–5260 and (202)
Carbon and Alloy Steel Wire Rod from Turkey:
482–4798, respectively (Turkey), and
Final Determination of Sales at Less Than Fair
Alice Maldonado at (202) 482–4682
Value and Final Negative Determination of Critical
(United Kingdom), AD/CVD Operations, Circumstances, 83 FR 13249 (March 28, 2018)
(Turkey Final Determination) and the
Enforcement and Compliance,
accompanying Issues and Decision Memorandum;
International Trade Administration,
Carbon and Alloy Steel Wire Rod from the United
Department of Commerce, 1401
Kingdom: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative
Constitution Avenue NW, Washington,
Determination of Critical Circumstances, 83 FR
DC 20230.
13252 (March 28, 2018) and the accompanying
SUPPLEMENTARY INFORMATION:
Issues and Decision Memorandum.
Background
In accordance with sections 735(a),
735(d) and 777(i)(1) of the Tariff Act of
1930, as amended (Act), and 19 CFR
351.210(c), on March 28, 2018,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of wire
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2 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
Wire Rod From the Republic of Turkey: Ministerial
Error Allegation,’’ dated March 27, 2018.
3 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Wire Rod
From Turkey: Allegation of Ministerial Error in the
Final Determination,’’ dated April 13, 2018.
4 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Turkey: Comments
on the Department’s Ministerial Error
Memorandum,’’ dated April 17, 2018.
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export price (CEP) expenses in the
margin calculation program.5
On May 11, 2018, the ITC notified
Commerce of its affirmative final
determinations that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) and 705(d) of the Act, by
reason of LTFV imports of subject
merchandise from Italy, Korea, Spain,
Turkey, and the United Kingdom, and
its determinations that critical
circumstances do not exist with respect
to imports of wire rod from Spain and
the United Kingdom that are subject to
Commerce’s affirmative critical
circumstances findings.6
Scope of the Orders
The product covered by these orders
is wire rod from Italy, Korea, Spain,
Turkey, and the United Kingdom. For a
complete description of the scope of the
orders, see the Appendix to this notice.
Amendments to Final Determinations
With respect to the Turkey Final
Determination, Commerce reviewed the
record and agrees that the error
identified by the petitioner with respect
to the placement of the revised
programming language constitutes a
ministerial error within the meaning of
section 735(e) of the Act and 19 CFR
351.224(f).7 Therefore, pursuant to 19
CFR 351.224(e), Commerce is amending
the Turkey Final Determination to
reflect the correction of this ministerial
error in the calculation of the final
margin assigned to Habas, which
changes from 4.74 percent to 4.93
percent.8 In addition, because the ‘‘allothers’’ rate is based on the margins for
Habas and the other mandatory
respondent, Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S. (Icdas),9 we are
revising the ‘‘all-others’’ rate, which
changes from 6.34 percent ad valorem to
6.44 percent ad valorem, consistent
with section 735(c)(5)(A) of the Act, as
stated in the Turkey Final
Determination.10
With respect to the Spain Final
Determination, Commerce reviewed the
record and agrees that the errors
identified by CELSA constitute
ministerial errors within the meaning of
section 735(e) of the Act and 19 CFR
351.224(f) and that it unintentionally
incorrectly defined CELSA’s U.S.
destination codes in the final margin
calculation program.11 Commerce also
finds that it unintentionally failed to
deduct one of CELSA’s CEP expenses in
the final margin calculation program.12
Therefore, pursuant to 19 CFR
351.224(e), Commerce is amending the
Spain Final Determination to reflect the
correction of ministerial errors made in
the margin calculation for CELSA,
which changes the final margin from
11.08 percent to 10.11 percent. In
addition, because the ‘‘all-others’’ rate
in the Spain Final Determination was
based on the estimated weightedaverage dumping margin calculated for
CELSA,13 Commerce, consistent with
section 735(c)(5)(A) of the Act, is also
amending the ‘‘all-others’’ rate, which
changes from 11.08 percent ad valorem
to 10.11 percent ad valorem, as stated in
the Spain Final Determination.
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of imports of wire rod from Italy,
Korea, Spain, Turkey, and the United
Kingdom.14 Therefore, in accordance
with section 735(c)(2) of the Act, we are
issuing these antidumping duty orders.
Because the ITC determined that
imports of wire rod from Italy, Korea,
Spain, Turkey, and the United Kingdom
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Italy, Korea, Spain,
Turkey, and the United Kingdom,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of wire rod from Italy,
Korea, Spain, Turkey, and the United
Kingdom. Antidumping duties will be
assessed on unliquidated entries of wire
rod from Italy, Korea, Spain, Turkey,
and the United Kingdom entered, or
withdrawn from warehouse, for
consumption on or after October 31,
2017, the date of publication of the
Preliminary Determinations.15
Antidumping Duty Orders
Estimated Weighted-Average Dumping
Margins
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC notified Commerce of its final
The estimated weighted-average
antidumping duty margin percentages
and cash deposit rates are as follows:
Exporter/producer
Weighted-average dumping margins
sradovich on DSK3GMQ082PROD with NOTICES
Italy:
Ferriere Nord S.p.A./Acciaierie di Verona S.p.A16 ...............................................................................
Ferriera Valsider S.p.A .........................................................................................................................
All-Others ..............................................................................................................................................
Korea:
POSCO .................................................................................................................................................
5 See CELSA’s Letter, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Wire Rod
From Spain: Ministerial Errors Contained in the
Final Determination,’’ dated April 3, 2018.
6 See Letter from the ITC to the Honorable Gary
Taverman, May 11, 2018 (Notification of ITC Final
Determinations); see also Carbon and Certain Alloy
Steel Wire Rod From Italy, Korea, Spain, Turkey,
and the United Kingdom, Investigation Nos. 701–
TA–573–574 and 731–TA–1350, 1351, 1354, 1355,
and 1358 (Final) (May 2018).
7 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Wire Rod
From Turkey: Allegation of Ministerial Error
Memorandum for the Amended Final
Determination,’’ dated May 16, 2018.
8 Id. at 3–4.
9 Icdas’ final margin remains unchanged; see
Turkey Final Determination, 83 FR at 13250.
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10 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Wire Rod
From Turkey: Calculation of All-Others’ Rate in
Amended Final Determination,’’ dated May 16,
2018.
11 See Memorandum, ‘‘Antidumping Duty
Investigation of Carbon and Alloy Steel Wire Rod
From Spain: Ministerial Error Memorandum,’’
dated May 15, 2018.
12 Id.
13 See Spain Final Determination.
14 See Notification of ITC Final Determinations.
15 See Carbon and Alloy Steel Wire Rod from
Italy: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 82 FR 50381
(October 31, 2017); Carbon and Alloy Steel Wire
Rod from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less Than
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12.41
18.89
12.41
41.10
Fair Value, and Preliminary Negative
Determination of Critical Circumstances, 82 FR
50386 (October 31, 2017); 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); 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); 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) (collectively, Preliminary
Determinations).
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
Exporter/producer
All-Others ..............................................................................................................................................
Spain:
´
˜
´
Global Steel Wire S.A./CELSA Atlantic S.A./Companıa Espanola de Laminacion .............................
ArcelorMittal Espana S.A .....................................................................................................................
41.10
10.11
32.64
All-Others ..............................................................................................................................................
10.11
Weighted-average
dumping margins
(percent)
Cash-deposit rate
(adjusted for
export subsidies)
(percent)
Turkey:
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ............................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ...............................................................................
4.93
7.94
1.05
4.15
All-Others ..............................................................................................................................................
6.44
2.59
Weighted-average dumping margins
United Kingdom:
British Steel Limited ..............................................................................................................................
Longs Steel UK Limited ........................................................................................................................
All-Others ..............................................................................................................................................
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation of all relevant entries of wire
rod from Italy, Korea, Spain, Turkey,
and the United Kingdom, effective the
date of publication of the ITC’s notice of
final determinations in the Federal
Register. These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
amounts as indicated below, which are
adjusted for certain countervailable
export subsidies, where appropriate.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register, CBP will require, at the same
time as importers would normally
deposit estimated duties on the subject
merchandise, a cash deposit equal to the
weighted-average dumping margins,
adjusted for countervailable export
subsidies, where appropriate, listed
below.17 The relevant ‘‘all-others’’ rates
apply to all producers or exporters not
specifically listed below.
sradovich on DSK3GMQ082PROD with NOTICES
Provisional Measures
Section 733(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months, except
16 Ferriere Nord S.p.A. and Acciaierie di Verona
S.p.A. were treated as a single entity for the final
determination.
17 See section 736(a)(3) of the Act.
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where exporters representing a
significant proportion of exports of the
subject merchandise request that
Commerce extend the four-month
period to no more than six months. At
the request of exporters that account for
a significant proportion of wire rod from
Italy, Korea, Spain, Turkey, and the
United Kingdom, Commerce extended
the four-month period to six months in
each case.18 Commerce published the
Preliminary Determinations for all five
underlying investigations on October
31, 2017. Therefore, the extended
period, beginning on the date of
publication of the Preliminary
Determinations, ended on April 28,
2018. Furthermore, section 737(b) of the
Act states that the collection of final,
estimated cash deposits will begin on
the date of publication of the ITC’s final
injury determinations.
Therefore, in accordance with section
733(d) of the Act and our practice,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of wire rod from Italy, Korea,
Spain, Turkey, and the United Kingdom
entered, or withdrawn from warehouse,
for consumption after April 28, 2018,
the final day on which the provisional
measures were in effect in these
proceedings, until and through the day
preceding the date of publication of the
ITC’s final injury determinations in the
18 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).
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147.63
147.63
147.63
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determinations in the Federal Register.
Critical Circumstances
The ITC notified Commerce of its
determinations that critical
circumstances do not exist with respect
to imports of wire rod from Spain and
the United Kingdom subject to
Commerce’s critical circumstances
finding.19 With regard to the ITC’s
negative critical circumstances
determinations on imports of subject
merchandise from Spain and the United
Kingdom, Commerce will instruct CBP
to lift suspension and to refund any
cash deposits made to secure the
payment of estimated antidumping
duties with respect to entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after August 2, 2017 (i.e., 90 days prior
to the date of publication of the
Preliminary Determinations), but before
October 31, 2017, (i.e., the date of
publication of the Preliminary
Determinations).
Notification to Interested Parties
This notice constitutes the
antidumping orders with respect to wire
rod from Italy, Korea, Spain, Turkey,
and the United Kingdom, pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
19 Notification
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of ITC Final Determinations.
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These amended final determinations
and orders are issued and published in
accordance with sections 735(e) and
736(a) of the Act and 19 CFR 351.211(b)
and 351.224(e) and (f).
Dated: May 16, 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.
International Trade Administration
[C–475–837; C–489–832]
Carbon and Alloy Steel Wire Rod From
Italy and the Republic of Turkey:
Amended Final Affirmative
Countervailing Duty Determination for
the Republic of Turkey and
Countervailing Duty Orders for Italy
and the Republic of Turkey
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the countervailing
duty (CVD) orders on carbon and alloy
steel wire rod (wire rod) from Italy and
the Republic of Turkey (Turkey). Also,
as explained in this notice, Commerce is
amending its final affirmative
determination with respect to Turkey to
correct the rates assigned to Habas Sinai
Ve Tibbi Gazlar Istih (Habas) and AllOthers.
AGENCY:
Appendix
Scope of the Orders
The products covered by these orders 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 these orders are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS 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 these proceedings is dispositive.
[FR Doc. 2018–10879 Filed 5–18–18; 8:45 am]
BILLING CODE 3510–DS–P
sradovich on DSK3GMQ082PROD with NOTICES
DEPARTMENT OF COMMERCE
DATES:
Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas at (202) 482–3813 (Italy),
Justin Neuman at (202) 482–0486
(Turkey), or Omar Qureshi at (202) 482–
5307 (Turkey), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(a),
705(d), and 777(i) of the Tariff Act of
1930, as amended (Act), and 19 CFR
351.210(c), on March 28, 2018,
Commerce published its affirmative
final determinations that
countervailable subsidies are being
provided to producers and exporters of
wire rod from Italy and Turkey.1
On March 27, 2018, Ferriere Nord
S.p.A. alleged that Commerce made
ministerial errors in the Wire Rod from
Italy Final Determination with regard to
1 See Countervailing Duty Investigation of Carbon
and Alloy Steel Wire Rod from Italy: Final
Affirmative Determination, 83 FR 13242 (March 28,
2018) (Wire Rod from Italy Final Determination)
and the accompanying Issues and Decision
Memorandum; Carbon and Alloy Steel Wire Rod
from the Republic of Turkey: Final Affirmative
Countervailing Duty Determination, and Final
Affirmative Critical Circumstances Determination,
in Part, 83 FR 13239 (March 28, 2018) (Wire Rod
from Turkey Final Determination) and the
accompanying Issues and Decision Memorandum.
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Commerce’s calculation of the final ad
valorem subsidy rate pertaining to
Ferriere Nord S.p.A.2 One of the
petitioners, Nucor Corporation (Nucor),
filed rebuttal comments regarding
Ferriere Nord S.p.A.’s allegation on
April 2, 2018.3
Also on March 27, 2018, Nucor
alleged that Commerce made a
ministerial error in the Wire Rod from
Turkey Final Determination.4 In
addition, on that same date, the
Government of Turkey (GOT) alleged
that Commerce made a ministerial error
in the Wire Rod from Turkey Final
Determination.5 Nucor filed rebuttal
comments regarding the GOT’s
allegation on April 2, 2018.6
We reviewed the allegations and
determined that we did not make
ministerial errors, within the meaning of
section 705(e) of the Act and 19 CFR
351.224(f), with respect to the Wire Rod
from Italy Final Determination;
however, we did make a ministerial
error in the Wire Rod from Turkey Final
Determination. See ‘‘Amendment to the
Final Determination’’ section below for
further discussion.
On May 11, 2018, the ITC notified
Commerce of its affirmative
determination that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) and 705(d) of the Act, by
reason of subsidized imports of subject
merchandise from Italy and Turkey, and
its determination that critical
circumstances do not exist with respect
to imports of wire rod from Turkey that
are subject to Commerce’s affirmative
critical circumstances finding.7
2 See Letter from Ferriere Nord, S.p.A.,
‘‘Countervailing Duty Investigation of Carbon and
Alloy Steel Wire Rod from Italy: Ferriere Nord
Request to Correct Ministerial Errors in the Final
Determination,’’ dated March 27, 2018.
3 See Letter from Nucor, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Italy: Rebuttal
Ministerial Error Comments,’’ dated April 2, 2018.
4 See Letter from Nucor, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Turkey: Ministerial
Error Allegation,’’ dated March 27, 2018 (Nucor
Ministerial Error Allegation).
5 See Letter from the GOT, ‘‘Request of
Government of Turkey for Correction of Ministerial
Error on Final Determination in CVD Proceeding on
Carbon and Alloy Steel Wire Rod from the Republic
of Turkey,’’ dated March 27, 2018 (GOT Ministerial
Error Allegation).
6 See Letter from Nucor, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Turkey: Rebuttal
Ministerial Error Comments,’’ dated April 2, 2018
(Nucor Rebuttal Comments).
7 See Letters to Gary Taverman, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding carbon and alloy steel wire
rod from Italy and the Republic of Turkey (May 11,
2018) (ITC Letter).
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23417-23420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10879]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-836, A-580-891, A-469-816, A-489-831, A-412-826]
Carbon and Alloy Steel Wire Rod From Italy, the Republic of
Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty
Determinations for Spain and the Republic of Turkey
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on carbon and alloy steel
wire rod (wire rod) from Italy, the Republic of Korea (Korea), Spain,
the Republic of Turkey (Turkey), and the United Kingdom. In addition,
Commerce is amending its affirmative final determinations for Spain and
Turkey to correct ministerial errors.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT: Mark Flessner at (202) 482-6312
(Italy), Lingjun Wang at (202) 482-2316 (Korea), Chelsey Simonovich or
Davina Friedmann at (202) 482-1979 or (202) 482-0698 (Spain), Ryan
Mullen or Ian Hamilton at (202) 482-5260 and (202) 482-4798,
respectively (Turkey), and Alice Maldonado at (202) 482-4682 (United
Kingdom), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(a), 735(d) and 777(i)(1) of the
Tariff Act of 1930, as amended (Act), and 19 CFR 351.210(c), on March
28, 2018, Commerce published its affirmative final determinations in
the less-than-fair-value (LTFV) investigations of wire rod from Italy,
Korea, Spain, Turkey, and the United Kingdom.\1\
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\1\ See Carbon and Alloy Steel Wire Rod From Italy: Final
Determination of Sales at Less Than Fair Value, 83 FR 13230 (March
28, 2018); Carbon and Alloy Steel Wire Rod From the Republic of
Korea: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Negative Determination of Critical Circumstances, 83
FR 13228 (March 28, 2018) and the accompanying Issues and Decision
Memorandum; 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, 83 FR 13233 (March
28, 2018) (Spain Final Determination) and the accompanying Issues
and Decision Memorandum; Carbon and Alloy Steel Wire Rod from
Turkey: Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances, 83 FR 13249
(March 28, 2018) (Turkey Final Determination) and the accompanying
Issues and Decision Memorandum; 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, 83 FR 13252 (March 28, 2018) and the accompanying
Issues and Decision Memorandum.
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On March 27, 2018, Nucor Corporation, a petitioner in these
investigations (the petitioner), alleged that Commerce made a
ministerial error in the Turkey Final Determination with regard to
programming language identifying the U.S. date of sale for respondent
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas).\2\ On
April 13, 2018, Commerce issued a ministerial error memorandum agreeing
that it made a ministerial error, but found that revisions to the
programming language had no impact on the final margin for Habas.\3\ On
April 17, 2018, the petitioner commented on Commerce's ministerial
error memorandum and alleged that Commerce misplaced the revised
programming language used to correct Habas' U.S. date of sale, which
incorrectly resulted in no change to the calculated margin.\4\ Habas
did not comment on either allegation.
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\2\ See Petitioner's Letter, ``Carbon and Alloy Steel Wire Rod
From the Republic of Turkey: Ministerial Error Allegation,'' dated
March 27, 2018.
\3\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Wire Rod From Turkey: Allegation of Ministerial
Error in the Final Determination,'' dated April 13, 2018.
\4\ See Petitioner's Letter, ``Carbon and Alloy Steel Wire Rod
from the Republic of Turkey: Comments on the Department's
Ministerial Error Memorandum,'' dated April 17, 2018.
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On April 3, 2018, Global Steel Wire S.A., CELSA Atlantic S.A., and
Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n (collectively,
CELSA) alleged that Commerce made ministerial errors by
mischaracterizing the destination codes in the final margin program in
the Spain Final Determination. Additionally, CELSA alleges that
Commerce failed to deduct all applicable U.S. constructed
[[Page 23418]]
export price (CEP) expenses in the margin calculation program.\5\
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\5\ See CELSA's Letter, ``Antidumping Duty Investigation of
Carbon and Alloy Steel Wire Rod From Spain: Ministerial Errors
Contained in the Final Determination,'' dated April 3, 2018.
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On May 11, 2018, the ITC notified Commerce of its affirmative final
determinations that an industry in the United States is materially
injured within the meaning of section 705(b)(1)(A)(i) and 705(d) of the
Act, by reason of LTFV imports of subject merchandise from Italy,
Korea, Spain, Turkey, and the United Kingdom, and its determinations
that critical circumstances do not exist with respect to imports of
wire rod from Spain and the United Kingdom that are subject to
Commerce's affirmative critical circumstances findings.\6\
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\6\ See Letter from the ITC to the Honorable Gary Taverman, May
11, 2018 (Notification of ITC Final Determinations); see also Carbon
and Certain Alloy Steel Wire Rod From Italy, Korea, Spain, Turkey,
and the United Kingdom, Investigation Nos. 701-TA-573-574 and 731-
TA-1350, 1351, 1354, 1355, and 1358 (Final) (May 2018).
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Scope of the Orders
The product covered by these orders is wire rod from Italy, Korea,
Spain, Turkey, and the United Kingdom. For a complete description of
the scope of the orders, see the Appendix to this notice.
Amendments to Final Determinations
With respect to the Turkey Final Determination, Commerce reviewed
the record and agrees that the error identified by the petitioner with
respect to the placement of the revised programming language
constitutes a ministerial error within the meaning of section 735(e) of
the Act and 19 CFR 351.224(f).\7\ Therefore, pursuant to 19 CFR
351.224(e), Commerce is amending the Turkey Final Determination to
reflect the correction of this ministerial error in the calculation of
the final margin assigned to Habas, which changes from 4.74 percent to
4.93 percent.\8\ In addition, because the ``all-others'' rate is based
on the margins for Habas and the other mandatory respondent, Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas),\9\ we are revising
the ``all-others'' rate, which changes from 6.34 percent ad valorem to
6.44 percent ad valorem, consistent with section 735(c)(5)(A) of the
Act, as stated in the Turkey Final Determination.\10\
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\7\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Wire Rod From Turkey: Allegation of Ministerial
Error Memorandum for the Amended Final Determination,'' dated May
16, 2018.
\8\ Id. at 3-4.
\9\ Icdas' final margin remains unchanged; see Turkey Final
Determination, 83 FR at 13250.
\10\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Wire Rod From Turkey: Calculation of All-Others'
Rate in Amended Final Determination,'' dated May 16, 2018.
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With respect to the Spain Final Determination, Commerce reviewed
the record and agrees that the errors identified by CELSA constitute
ministerial errors within the meaning of section 735(e) of the Act and
19 CFR 351.224(f) and that it unintentionally incorrectly defined
CELSA's U.S. destination codes in the final margin calculation
program.\11\ Commerce also finds that it unintentionally failed to
deduct one of CELSA's CEP expenses in the final margin calculation
program.\12\
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\11\ See Memorandum, ``Antidumping Duty Investigation of Carbon
and Alloy Steel Wire Rod From Spain: Ministerial Error Memorandum,''
dated May 15, 2018.
\12\ Id.
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Therefore, pursuant to 19 CFR 351.224(e), Commerce is amending the
Spain Final Determination to reflect the correction of ministerial
errors made in the margin calculation for CELSA, which changes the
final margin from 11.08 percent to 10.11 percent. In addition, because
the ``all-others'' rate in the Spain Final Determination was based on
the estimated weighted-average dumping margin calculated for CELSA,\13\
Commerce, consistent with section 735(c)(5)(A) of the Act, is also
amending the ``all-others'' rate, which changes from 11.08 percent ad
valorem to 10.11 percent ad valorem, as stated in the Spain Final
Determination.
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\13\ See Spain Final Determination.
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Antidumping Duty Orders
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of wire rod from Italy,
Korea, Spain, Turkey, and the United Kingdom.\14\ Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing these
antidumping duty orders. Because the ITC determined that imports of
wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Italy, Korea, Spain, Turkey, and the United Kingdom,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\14\ See Notification of ITC Final Determinations.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of wire rod from Italy, Korea, Spain, Turkey, and the
United Kingdom. Antidumping duties will be assessed on unliquidated
entries of wire rod from Italy, Korea, Spain, Turkey, and the United
Kingdom entered, or withdrawn from warehouse, for consumption on or
after October 31, 2017, the date of publication of the Preliminary
Determinations.\15\
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\15\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 82 FR
50381 (October 31, 2017); Carbon and Alloy Steel Wire Rod from the
Republic of Korea: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, and Preliminary Negative Determination of
Critical Circumstances, 82 FR 50386 (October 31, 2017); 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); 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); 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) (collectively, Preliminary Determinations).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average antidumping duty margin percentages
and cash deposit rates are as follows:
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------------------------------------------------------------------------
Exporter/producer Weighted-average dumping margins
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Italy:
Ferriere Nord S.p.A./
Acciaierie di Verona
S.p.A\16\.................... 12.41
Ferriera Valsider S.p.A....... 18.89
All-Others.................... 12.41
Korea:
POSCO......................... 41.10
[[Page 23419]]
All-Others.................... 41.10
Spain:
Global Steel Wire S.A./CELSA
Atlantic S.A./Compan[iacute]a
Espa[ntilde]ola de
Laminaci[oacute]n............ 10.11
ArcelorMittal Espana S.A...... 32.64
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All-Others.................... 10.11
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Weighted-average Cash-deposit rate
dumping margins (adjusted for
(percent) export subsidies)
(percent)
-------------------------------------
Turkey:
Habas Sinai ve Tibbi Gazlar 4.93 1.05
Istihsal Endustrisi A.S......
Icdas Celik Enerji Tersane ve 7.94 4.15
Ulasim Sanayi A.S............
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All-Others.................... 6.44 2.59
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Weighted-average dumping margins
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United Kingdom:
British Steel Limited......... 147.63
Longs Steel UK Limited........ 147.63
All-Others.................... 147.63
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Continuation of Suspension of Liquidation
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\16\ Ferriere Nord S.p.A. and Acciaierie di Verona S.p.A. were
treated as a single entity for the final determination.
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In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom,
effective the date of publication of the ITC's notice of final
determinations in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts as indicated below, which are adjusted for certain
countervailable export subsidies, where appropriate. Accordingly,
effective on the date of publication of the ITC's final affirmative
injury determinations in the Federal Register, CBP will require, at the
same time as importers would normally deposit estimated duties on the
subject merchandise, a cash deposit equal to the weighted-average
dumping margins, adjusted for countervailable export subsidies, where
appropriate, listed below.\17\ The relevant ``all-others'' rates apply
to all producers or exporters not specifically listed below.
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\17\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom,
Commerce extended the four-month period to six months in each case.\18\
Commerce published the Preliminary Determinations for all five
underlying investigations on October 31, 2017. Therefore, the extended
period, beginning on the date of publication of the Preliminary
Determinations, ended on April 28, 2018. Furthermore, section 737(b) of
the Act states that the collection of final, estimated cash deposits
will begin on the date of publication of the ITC's final injury
determinations.
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\18\ 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).
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Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of wire rod from Italy, Korea, Spain, Turkey, and
the United Kingdom entered, or withdrawn from warehouse, for
consumption after April 28, 2018, the final day on which the
provisional measures were in effect in these proceedings, until and
through the day preceding the date of publication of the ITC's final
injury determinations in the Federal Register. Suspension of
liquidation will resume on the date of publication of the ITC's final
determinations in the Federal Register.
Critical Circumstances
The ITC notified Commerce of its determinations that critical
circumstances do not exist with respect to imports of wire rod from
Spain and the United Kingdom subject to Commerce's critical
circumstances finding.\19\ With regard to the ITC's negative critical
circumstances determinations on imports of subject merchandise from
Spain and the United Kingdom, Commerce will instruct CBP to lift
suspension and to refund any cash deposits made to secure the payment
of estimated antidumping duties with respect to entries of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after August 2, 2017 (i.e., 90 days prior to the date of publication of
the Preliminary Determinations), but before October 31, 2017, (i.e.,
the date of publication of the Preliminary Determinations).
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\19\ Notification of ITC Final Determinations.
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Notification to Interested Parties
This notice constitutes the antidumping orders with respect to wire
rod from Italy, Korea, Spain, Turkey, and the United Kingdom, pursuant
to section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
[[Page 23420]]
These amended final determinations and orders are issued and
published in accordance with sections 735(e) and 736(a) of the Act and
19 CFR 351.211(b) and 351.224(e) and (f).
Dated: May 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The products covered by these orders 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 these orders are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products entered under subheadings
7213.99.0090 and 7227.90.6090 of the HTSUS 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 these proceedings is dispositive.
[FR Doc. 2018-10879 Filed 5-18-18; 8:45 am]
BILLING CODE 3510-DS-P
