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, 23420-23422 [2018-10880]
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23420
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
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).
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
Scope of the Orders
The scope of these orders covers wire
rod from Italy and Turkey. For a
complete description of the scope, see
the Appendix to this notice.
Amendment to the Final Determination
With respect to the Wire Rod from
Italy Final Determination, we analyzed
Ferriere Nord S.p.A.’s submission and
disagree that Commerce made
ministerial errors regarding the benefit
calculation of the Energy Interruptibility
Contracts program.8
With respect to the Wire Rod from
Turkey Final Determination, we
analyzed Nucor’s submission and agree
that Commerce made a ministerial error
regarding the deduction of expenses
from loans received by respondent
Habas Sinai ve Tibbi Galzlar Istihsal
Endustrisi A.S. (Habas). However, we do
not agree that the error alleged by the
GOT constitutes a ministerial error.
Pursuant to 19 CFR 351.224(e),
Commerce is amending the Wire Rod
from Turkey Final Determination to
reflect the correction of the ministerial
error described above. The correction of
this ministerial error increased Habas’
subsidy rate from 3.86 percent ad
valorem to 3.88 percent ad valorem.9
Because the ‘‘all-others’’ rate is based, in
part, on Habas’ ad valorem subsidy rate,
the correction noted above also
increases the ‘‘all-others’’ rate
determined in the Wire Rod from
Turkey Final Determination from 3.84
percent ad valorem to 3.85 percent ad
valorem.10
Countervailing Duty Orders
sradovich on DSK3GMQ082PROD with NOTICES
On May 11, 2018, in accordance with
sections 705(b)(1)(A)(i) and 705(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 and Turkey.11
Therefore, in accordance with section
705(c)(2) of the Act, Commerce is
issuing these countervailing duty
orders. Because the ITC determined that
imports of wire rod from Italy and
Turkey are materially injuring a U.S.
industry, unliquidated entries of such
8 See Memorandum, ‘‘Countervailing Duty
Investigation of Carbon and Alloy Steel Wire Rod
from Italy: Allegations of Ministerial Errors in the
Final Determination with Regards to Ferriere Nord
S.p.A.,’’ dated May 7, 2018.
9 See Memorandum, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Turkey: Amended
Final Determination of Countervailing Duty
Investigation Pursuant to Ministerial Error
Allegation,’’ dated May 3, 2018.
10 Id.
11 See ITC Letter.
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Jkt 244001
merchandise from Italy and Turkey,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties for
all relevant entries of wire rod from Italy
and Turkey. Countervailing duties will
be assessed on unliquidated entries of
wire rod from Italy and Turkey entered,
or withdrawn from warehouse, for
consumption on or after September 5,
2017, the date of publication of the
Preliminary Determinations,12 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination as
further described below.
Amended Cash Deposits and
Suspension of Liquidation
In accordance with section 706 of the
Act, we will instruct CBP to suspend
liquidation on all relevant entries of
wire rod from Italy and Turkey, as
further described below. 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.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the subsidy rates listed below.13
The all-others rate applies to all
producers or exporters not specifically
listed, as appropriate.
23421
WIRE ROD FROM TURKEY
Company
Habas Sinai Ve Tibbi Gazlar Istih
(Habas) .....................................
Icdas Celik Eberji Tersane Ve
Ulasim San (Icdas) ...................
All-Others ......................................
Subsidy
rate
(%)
3.88
3.81
3.85
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigations, Commerce published the
Preliminary Determinations on
September 5, 2017. As such, the fourmonth period beginning on the date of
the publication of the Preliminary
Determinations ended on January 3,
2018. Furthermore, section 707(b) of the
Act states that definitive duties are to
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
703(d) of the Act and our practice, we
instructed CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of wire rod from Italy and
Turkey entered, or withdrawn from
warehouse, for consumption, on or after
January 3, 2018, the date the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Critical Circumstances
The ITC notified Commerce of its
determination that critical
Subsidy
Company
rate
circumstances do not exist with respect
(%)
to imports of wire rod from Turkey
subject to Commerce’s critical
Ferriere Nord S.p.A 14 ..................
4.16
circumstances finding.15 With regard to
Ferriera Valsider S.p.A .................
44.18
the ITC’s negative critical circumstances
All-Others ......................................
4.16
determination on imports of wire rod
steel from Turkey, we will instruct CBP
12 See Carbon and Alloy Steel Wire Rod from
to lift suspension and to refund any
Italy: Preliminary Affirmative Countervailing Duty
cash deposits made to secure the
Determination, 82 FR 41931 (September 5, 2017)
payment of estimated countervailing
(Italy Wire Rod Preliminary Determination) and the
duties with respect to entries of the
accompanying Preliminary Decision Memorandum;
WIRE ROD FROM ITALY
see also Carbon and Alloy Steel Wire Rod from the
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination and Preliminary
Affirmative Critical Circumstances Determination,
in Part., 82 FR 41929 (September 5, 2017) (Turkey
Wire Rod Preliminary Determination) and the
accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determinations).
13 See section 706(a)(3) of the Act.
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14 Commerce has found the following companies
to be cross-owned with Ferriere Nord S.p.A: FIN
FER S.p.A., Acciaierie di Verona S.p.A., and SIAT
S.p.A. See Wire Rod From Italy Final Determination
(unchanged from Italy Wire Rod Preliminary
Determination and the accompanying Preliminary
Decision Memorandum at 6).
15 See ITC Letter.
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices
subject merchandise entered, or
withdrawn from warehouse for
consumption on or after June 7, 2017
(i.e., 90 days prior to the date of the
publication of the Turkey Wire Rod
Preliminary Determination), but before
September 5, 2017 (i.e., the date of
publication of the Turkey Wire Rod
Preliminary Determination).
purposes, the written description of the
scope of these proceedings is dispositive.
Notifications to Interested Parties
[C–533–880]
This notice constitutes the
countervailing duty orders with respect
to wire rod from Italy and Turkey
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Polytetrafluoroethylene Resin From
India: Final Affirmative Countervailing
Duty Determination
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
sradovich on DSK3GMQ082PROD with NOTICES
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
VerDate Sep<11>2014
18:20 May 18, 2018
Jkt 244001
[FR Doc. 2018–10880 Filed 5–18–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
polytetrafluoroethylene resin (PTFE
resin) from India. The period of
investigation is April 1, 2016, through
March 31, 2017.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Toby Vandall, Emily Halle, or Aimee
Phelan, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1664,
(202) 482–0176, or (202) 482–0697,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This final determination is made in
accordance with section 705 of the
Tariff Act of 1930, as amended (the Act).
Commerce published the Preliminary
Determination of this investigation on
March 8, 2018.1 For a complete
description of the events that followed
the publication of the Preliminary
Determination, see the Issues and
Decision Memorandum issued
concurrently with this notice.2 A list of
topics discussed in the Issues and
Decision Memorandum is included as
Appendix II to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
1 See Polytetrafluoroethylene Resin from India:
Preliminary Affirmative Countervailing Duty
Determination, 83 FR 9842 (March 8, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Determination in the Countervailing Duty
Investigation of Polytetrafluoroethylene Resin from
India,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 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.
Scope of the Investigation
The product covered by this
investigation is PTFE resin from India.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the Preliminary
Scope Decision Memorandum,3
Commerce provided parties an
opportunity to provide comments on all
issues regarding product coverage, (i.e.,
scope). Although certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice,4 we preliminarily
made no modifications to the scope of
the investigation.5 No parties
commented on our Preliminary Scope
Decision Memorandum. As a result, in
this final determination, we are
adopting the preliminary decision not to
modify the scope language.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, we
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.6
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs submitted by
the parties, are discussed in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix II.
3 See Memorandum, ‘‘Polytetrafluoroethylene
Resin from India and the People’s Republic of
China: Scope Comments Decision Memorandum for
the Preliminary Determinations,’’ dated February
28, 2018 (Preliminary Scope Decision
Memorandum).
4 See Polytetrafluoroethylene Resin from India:
Initiation of Countervailing Duty Investigation, 82
FR 49592 (October 26, 2017) (Initiation Notice).
5 See Preliminary Scope Decision Memorandum.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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]]>Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23420-23422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10880]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
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
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 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 All-
Others.
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
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[[Page 23421]]
Scope of the Orders
The scope of these orders covers wire rod from Italy and Turkey.
For a complete description of the scope, see the Appendix to this
notice.
Amendment to the Final Determination
With respect to the Wire Rod from Italy Final Determination, we
analyzed Ferriere Nord S.p.A.'s submission and disagree that Commerce
made ministerial errors regarding the benefit calculation of the Energy
Interruptibility Contracts program.\8\
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\8\ See Memorandum, ``Countervailing Duty Investigation of
Carbon and Alloy Steel Wire Rod from Italy: Allegations of
Ministerial Errors in the Final Determination with Regards to
Ferriere Nord S.p.A.,'' dated May 7, 2018.
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With respect to the Wire Rod from Turkey Final Determination, we
analyzed Nucor's submission and agree that Commerce made a ministerial
error regarding the deduction of expenses from loans received by
respondent Habas Sinai ve Tibbi Galzlar Istihsal Endustrisi A.S.
(Habas). However, we do not agree that the error alleged by the GOT
constitutes a ministerial error. Pursuant to 19 CFR 351.224(e),
Commerce is amending the Wire Rod from Turkey Final Determination to
reflect the correction of the ministerial error described above. The
correction of this ministerial error increased Habas' subsidy rate from
3.86 percent ad valorem to 3.88 percent ad valorem.\9\ Because the
``all-others'' rate is based, in part, on Habas' ad valorem subsidy
rate, the correction noted above also increases the ``all-others'' rate
determined in the Wire Rod from Turkey Final Determination from 3.84
percent ad valorem to 3.85 percent ad valorem.\10\
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\9\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from the
Republic of Turkey: Amended Final Determination of Countervailing
Duty Investigation Pursuant to Ministerial Error Allegation,'' dated
May 3, 2018.
\10\ Id.
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Countervailing Duty Orders
On May 11, 2018, in accordance with sections 705(b)(1)(A)(i) and
705(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 and Turkey.\11\ Therefore, in accordance
with section 705(c)(2) of the Act, Commerce is issuing these
countervailing duty orders. Because the ITC determined that imports of
wire rod from Italy and Turkey are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Italy and Turkey, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of countervailing duties.
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\11\ See ITC Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of wire rod from Italy and Turkey. Countervailing duties will
be assessed on unliquidated entries of wire rod from Italy and Turkey
entered, or withdrawn from warehouse, for consumption on or after
September 5, 2017, the date of publication of the Preliminary
Determinations,\12\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination as further described below.
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\12\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary
Affirmative Countervailing Duty Determination, 82 FR 41931
(September 5, 2017) (Italy Wire Rod Preliminary Determination) and
the accompanying Preliminary Decision Memorandum; see also Carbon
and Alloy Steel Wire Rod from the Republic of Turkey: Preliminary
Affirmative Countervailing Duty Determination and Preliminary
Affirmative Critical Circumstances Determination, in Part., 82 FR
41929 (September 5, 2017) (Turkey Wire Rod Preliminary
Determination) and the accompanying Preliminary Decision Memorandum
(collectively, Preliminary Determinations).
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Amended Cash Deposits and Suspension of Liquidation
In accordance with section 706 of the Act, we will instruct CBP to
suspend liquidation on all relevant entries of wire rod from Italy and
Turkey, as further described below. 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. Accordingly, effective on the date of publication of
the ITC's final affirmative injury determinations, CBP will require, at
the same time as importers would normally deposit estimated duties on
this subject merchandise, a cash deposit equal to the subsidy rates
listed below.\13\ The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
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\13\ See section 706(a)(3) of the Act.
Wire Rod From Italy
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Ferriere Nord S.p.A \14\..................................... 4.16
Ferriera Valsider S.p.A...................................... 44.18
All-Others................................................... 4.16
------------------------------------------------------------------------
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\14\ Commerce has found the following companies to be cross-
owned with Ferriere Nord S.p.A: FIN FER S.p.A., Acciaierie di Verona
S.p.A., and SIAT S.p.A. See Wire Rod From Italy Final Determination
(unchanged from Italy Wire Rod Preliminary Determination and the
accompanying Preliminary Decision Memorandum at 6).
Wire Rod From Turkey
------------------------------------------------------------------------
Subsidy
Company rate (%)
------------------------------------------------------------------------
Habas Sinai Ve Tibbi Gazlar Istih (Habas).................... 3.88
Icdas Celik Eberji Tersane Ve Ulasim San (Icdas)............. 3.81
All-Others................................................... 3.85
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Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigations, Commerce
published the Preliminary Determinations on September 5, 2017. As such,
the four-month period beginning on the date of the publication of the
Preliminary Determinations ended on January 3, 2018. Furthermore,
section 707(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
Therefore, in accordance with section 703(d) of the Act and our
practice, we instructed CBP to terminate the suspension of liquidation
and to liquidate, without regard to countervailing duties, unliquidated
entries of wire rod from Italy and Turkey entered, or withdrawn from
warehouse, for consumption, on or after January 3, 2018, the date the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Critical Circumstances
The ITC notified Commerce of its determination that critical
circumstances do not exist with respect to imports of wire rod from
Turkey subject to Commerce's critical circumstances finding.\15\ With
regard to the ITC's negative critical circumstances determination on
imports of wire rod steel from Turkey, we will instruct CBP to lift
suspension and to refund any cash deposits made to secure the payment
of estimated countervailing duties with respect to entries of the
[[Page 23422]]
subject merchandise entered, or withdrawn from warehouse for
consumption on or after June 7, 2017 (i.e., 90 days prior to the date
of the publication of the Turkey Wire Rod Preliminary Determination),
but before September 5, 2017 (i.e., the date of publication of the
Turkey Wire Rod Preliminary Determination).
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\15\ See ITC Letter.
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Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to wire rod from Italy and Turkey pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
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. 2018-10880 Filed 5-18-18; 8:45 am]
BILLING CODE 3510-DS-P
