Carbon and Alloy Steel Wire Rod From the Republic of Korea and the United Kingdom: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review, 55694-55696 [2018-24350]
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55694
Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 1, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Selection and Corroboration of AFA
Rate
V. Duty Absorption
VI. Conclusion
[FR Doc. 2018–24333 Filed 11–6–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891; A–412–826]
amozie on DSK3GDR082PROD with NOTICES1
Carbon and Alloy Steel Wire Rod From
the Republic of Korea and the United
Kingdom: Initiation and Expedited
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating, and issuing
expedited preliminary results of, a
changed circumstances review (CCR) of
the antidumping duty (AD) orders on
AGENCY:
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carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea)
and the United Kingdom.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
202–482–4682 or 202–482–4633.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce
published the AD orders on wire rod
from Korea and the United Kingdom.1
On September 17, 2018, six members of
the domestic industry, including the
petitioners from the underlying
investigations (Nucor Corporation,
Optimus Steel LLC (formerly, Gerdau
Ameristeel US Inc), Keystone
Consolidates Industries, Inc., and
Charter Steel) requested that Commerce
initiate a CCR to revoke, in part, the AD
orders on wire rod from Korea and the
United Kingdom as to grade 1078 and
higher tire cord wire rod effective May
21, 2018.2
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 crosssectional 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
1 See 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, 83 FR 23417 (May 21, 2018)
(Orders).
2 See letter from domestic industry re: ‘‘Carbon
and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Petitioners’ Request
for Changed Circumstances Review and Partial
Revocation Request,’’ dated September 17, 2018
(CCR Request).
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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
orders is dispositive.3
Initiation and Expedited Preliminary
Results of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(d), Commerce will
conduct a CCR of an antidumping or
countervailing duty order when it
receives information which shows
changed circumstances sufficient to
warrant such a review. Section 782(h)(2)
of the Act and 19 CFR 351.222(g)(1)(i)
provide that Commerce may revoke an
order (in whole or in part) if it
determines that producers accounting
for substantially all of the production of
the domestic like product have no
further interest in the order, in whole or
in part. In addition, in the event
Commerce determines that expedited
action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to
combine the notices of initiation and
preliminary results.
For the reasons discussed below and
in the accompanying proprietary
memorandum, we find that such
sufficient information exists to warrant
a CCR.4 Further, Commerce does not
require any additional information to
make a preliminary finding. For this
reason, as permitted by 19 CFR
351.221(c)(3)(ii), Commerce finds that
expedited action is warranted and is
conducting this review on an expedited
basis by publishing preliminary results
3 For a description of the domestic industry’s
proposed exclusion language, see Attachment 1.
4 See Memorandum, ‘‘Analysis of Industry
Support for Changed Circumstances Review:
Carbon and Alloy Steel Wire Rod from the Republic
of Korea and the United Kingdom,’’ dated
concurrently with, and hereby adopted by, this
notice.
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
in conjunction with a notice of
initiation.
The six domestic producers filing the
request assert that they account for
‘‘substantially all’’ 5 of the domestic
production of carbon and alloy steel
wire rod.6 Because there is no record
information that contradicts this claim,
in accordance with section 751(b) of the
Act and 19 CFR 351.222(g)(1)(i), we find
that the six domestic producers
comprise substantially all of the
production of the domestic like product.
Because this CCR request was filed
less than 24 months after the date of
publication of notice of the final
determination in the investigations,
pursuant to 19 CFR 351.216(c),
Commerce must determine whether
good cause exists. We find that the six
domestic producers’ affirmative
statement of no interest in the orders
with respect to grade 1078 and higher
tire cord quality wire rod constitutes
good cause for the conduct of this
review.7 Based on the expression of no
interest by the six domestic producers
and in the absence of any objection by
any other interested parties, we
preliminarily determine that
substantially all of the domestic
producers of the like product have no
interest in the continued application of
the antidumping duty orders on wire
rod from Korea and the United
Kingdom. Accordingly, we are notifying
the public of our intent to revoke, in
part, the antidumping duty orders as
they relate to imports of grade 1078 and
higher tire cord wire rod. We intend to
change the scope of the orders on wire
rod from Korea and the United Kingdom
by adding the exclusion language
provided in Attachment 1 and requiring
a certification as provided in
Attachment 2.
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Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.8
Rebuttal briefs, which must be limited
5 In its administrative practice, Commerce has
interpreted ‘‘substantially all’’ to mean at least 85
percent of the total production of the domestic like
product covered by the order. See, e.g.,
Supercalendered Paper from Canada: Final Results
of Changed Circumstances Review and Revocation
of Countervailing Duty Order, 83 FR 32268 (July 12,
2018).
6 See CCR Request at 4–6.
7 See e.g., Certain Cold-Rolled Steel Flat Products
from Japan: Initiation and Preliminary Results of
Changed Circumstances Review, and Intent To
Revoke Order in Part, 82 FR 821 (January 4, 2017)
(finding that ‘‘Petitioners’ affirmative statement of
no interest in the order . . . constitutes good case
for the conduct of this review.’’)
8 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for filing
of case briefs.
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to issues raised in case briefs, may be
filed not later than seven days after the
due date for case briefs.9 All
submissions must be filed electronically
using Enforcement and Compliance’s
AD and CVD Centralized Electronic
Service System (ACCESS). ACCESS is
available to registered users at https://
access.trade.gov and in the Central
Records Unit, room B8024 of the main
Department of Commerce building. An
electronically filed document must be
received successfully in its entirety by
ACCESS, by 5:00 p.m. Eastern Time on
the due dates set forth in this notice.
Any interested party may request a
hearing within 14 days of publication of
this notice. Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230 in a room
to be determined.10
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this CCR no later than
270 days after the date on which this
review was initiated or 45 days if all
parties agree to the outcome of the
review.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216
and 351.221(c)(3).
Dated: November 1, 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.
Attachment 1
Proposed Revision to the Scope of the Orders
Excluded from the scope of the
antidumping duty orders from Korea and the
United Kingdom are grade 1078 and higher
tire cord quality wire rod to be used in the
production of tire cord wire. Grade 1078 and
higher tire cord quality wire rod refers to
wire rod with not less than 0.78 percent of
carbon and includes but is not limited to
other high carbon grades of wire rod such as
Grade 1078, 1080, 1085, 1086, 1090, and
1092.
Grade 1078 and higher tire cord quality rod
is defined as: (i) Grade 1078 and higher tire
9 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for filing
of rebuttal briefs.
10 See 19 CFR 351.310(d).
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55695
cord quality wire rod measuring not more
than 6.0 mm in cross-sectional diameter; (ii)
with an average partial decarburization of no
more than 70 microns in depth (maximum
individual 200 microns); (iii) having no nondeformable inclusions greater than 20
microns and no deformable inclusions
greater than 35 microns; (iv) having a carbon
segregation per heat average of 3.0 or better;
(v) having a surface quality with no surface
defects of a length greater than 0.15 mm; (vi)
capable of being drawn to a diameter of 0.405
mm or less, and (vii) containing by weight
the following elements in the proportions
shown: (1) 0.78 percent or more of carbon, (2)
less than 0.01 percent of aluminum, (3) 0.040
percent or less, in the aggregate, of
phosphorus and sulfur, (4) 0.006 percent or
less of nitrogen, (5) not more than 0.6 percent
silicon; and (6) not more than 0.55 percent
in the aggregate, of copper, nickel, and
chromium. For purposes of the grade 1078
and higher tire cord quality wire rod, an
inclusion will be considered to be
deformable if its ratio of length (measured
along the axis-that is, the direction of rollingof the rod) over thickness (measured on the
same inclusion in a direction perpendicular
to the axis of the rod) is equal to or greater
than three. The size of an inclusion for
purposes of the 20 microns and 35 microns
limitations is the measurement of the largest
dimension observed on a longitudinal section
measured in a direction perpendicular to the
axis of the rod.
The designation of the products as ‘‘tire
cord quality’’ indicates the acceptability of
the product for use in the production of tire
cord applications which require that the tire
cord wire rod be drawn into wire with a
diameter of 0.405 mm or less. These quality
designations are presumed to indicate that
these products are being used in tire cord
applications, and such merchandise intended
for the tire cord applications is not included
in the scope. Importers of tire cord quality
wire rod will attach, as a condition of entry,
a certification of end use that certifies that
the Grade 1078 and above tire cord quality
wire rod will be used only in the production
of tire cord wire.11
Attachment 2
Proposed End Use Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF IMPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the importation of the
{INSERT GRADE} tire cord wire rod
produced in {INSERT COUNTRY} that
entered under entry number(s) {INSERT
ENTRY NUMBER(S)} and are covered by this
certification;
• I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification;
• I have personal knowledge of the facts
regarding the end-use of the imported
products covered by this certification
because (initial one):
11 See
E:\FR\FM\07NON1.SGM
Attachment II for proposed certification.
07NON1
amozie on DSK3GDR082PROD with NOTICES1
55696
Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
• lllmy company is the end-user of the
imported product covered by this
certification,
Or
• lllmy company is not the end-user of
the imported products covered by this
certification, but I have contacted the enduser and advised them in writing of the enduse requirements for the imported product
and an official of the end-user has signed a
copy of this certification;
• This tire cord wire rod shall be used for
tire cord applications, which require that the
tire cord wire rod be drawn into wire with
a diameter of 0.405 mm or less;
• This tire cord wire rod will not be drawn
into wire with a diameter greater than 0.405
mm;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification
(including a copy signed by an end-user that
is not the importer) and sufficient
documentation supporting this certification
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in the
United States courts regarding such entries;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
records, upon entry, to U.S. Customs and
Border Protection (CBP);
• I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or the U.S. Department of
Commerce (Commerce);
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met; and
Æ the requirement that the importer post
applicable antidumping duty (AD) cash
deposits equal to the rates as determined by
Commerce;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed at the
time of entry;
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
IMPORTER SIGNATURE lllllllll
NAME OF COMPANY OFFICIAL lllll
TITLE lllllllllllllllll
DATE
lllllllllllllllll
END-USER SIGNATURE (if other than importer) lllllllllllllllll
NAME OF COMPANY OFFICIAL lllll
TITLE lllllllllllllllll
COMPANY NAME llllllllllll
DATE
lllllllllllllllll
[FR Doc. 2018–24350 Filed 11–6–18; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 247001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–864]
Certain Corrosion-Resistant Steel
Products From India: Notice of Court
Decision Not in Harmony With the
Affirmative Final Determination and
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2018, the
United States Court of International
Trade (CIT or the Court) sustained the
final results of redetermination
pertaining to the countervailing duty
(CVD) investigation of certain corrosionresistant steel products (CORE) from
India for the period of investigation
from January 1, 2014, through December
31, 2014. The Department of Commerce
(Commerce) is notifying the public that
the final judgment in this case is not in
harmony with the Final Determination
and Order of the investigation and that
Commerce is amending the Final
Determination and Order with respect to
the CVD cash deposit rate assigned to
JSW Steel Limited and JSW Steel Coated
Products Limited (collectively JSW).
DATES: This order is effective November
2, 2018.
FOR FURTHER INFORMATION CONTACT:
Christian Llinas, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–4877.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 2, 2016, Commerce published
its Final Determination in the CVD
investigation of CORE from India.1
Commerce issued an Amended Final
Determination explaining its critical
circumstances analysis, on June 14,
2016.2 Commerce published the
countervailing duty order resulting from
the investigation on July 25, 2016.3
1 See Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products from India: Final
Affirmative Determination, 81 FR 35323 (June 2,
2016) (Final Determination) and accompanying
Issues and Decision Memorandum (IDM).
2 See Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products from India:
Notice of Correction to Final Affirmative
Determination; Negative Determination of Critical
Circumstances, 81 FR 38671 (June 14, 2016)
(Amended Final Determination).
3 See Certain Corrosion-Resistant Steel Products
from India, Italy, Republic of Korea and the
People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016) (Order).
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On May 9, 2018, the CIT remanded
the Final Determination to Commerce.4
Specifically, the CIT remanded the Final
Determination directing Commerce to
recalculate JSW’s CVD rate without
regard to JSW Steel (Salav) Limited
(Salav), a cross-owned input supplier.5
On August 7, 2018, Commerce issued its
final results of redetermination pursuant
to remand in accordance with the CIT’s
order.6 On remand, Commerce, under
respectful protest,7 recalculated JSW’s
CVD rate without regard to Salav, and
also recalculated the ‘‘all-others’’ rate.
On October 23, 2018, the CIT sustained
Commerce’s Final Redetermination.8
The effective date of this notice is
November 2, 2018.
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of a court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision.11 The
CIT’s October 23, 2018, final judgment
affirming the Final Redetermination
constitutes a final decision of the Court
that is not in harmony with Commerce’s
Final Determination and Order. This
notice is published in fulfillment of the
publication requirements of Timken and
section 516A of the Act.
Amended Final Determination
Because there is now a final court
decision, Commerce is amending its
Final Determination and Order.
Commerce finds that the revised
countervailable subsidy rate for JSW
and the revised ‘‘all-others’’ rate are as
follows:
4 JSW Steel Ltd. and JSW Steel Coated Products
Ltd. v. United States, Court No. 16–00165, Slip Op.
18–51 (CIT May 9, 2018).
5 Id. at 8–9.
6 See Final Results of Redetermination Pursuant
to Court Remand JSW Steel Limited and JSW Steel
Coated Products Limited v. United States, Slip Op.
18–51 (CIT May 9, 2018), dated August 7, 2018
(Final Redetermination).
7 See Viraj Group, Ltd. v. United States, 343 F.3d
1371 (Fed. Cir. 2003).
8 See JSW Steel Ltd. and JSW Steel Coated
Products Ltd. v. United States, Court No. 16–00165,
Slip Op. 18–147 (CIT Oct. 23, 2018).
9 See Timken Co., v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
11 See Sections 516A(c) and (e) of the Act.
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]]>Agencies
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55694-55696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24350]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891; A-412-826]
Carbon and Alloy Steel Wire Rod From the Republic of Korea and
the United Kingdom: Initiation and Expedited Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating, and
issuing expedited preliminary results of, a changed circumstances
review (CCR) of the antidumping duty (AD) orders on carbon and alloy
steel wire rod (wire rod) from the Republic of Korea (Korea) and the
United Kingdom.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone 202-482-4682 or 202-482-
4633.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published the AD orders on wire rod from
Korea and the United Kingdom.\1\ On September 17, 2018, six members of
the domestic industry, including the petitioners from the underlying
investigations (Nucor Corporation, Optimus Steel LLC (formerly, Gerdau
Ameristeel US Inc), Keystone Consolidates Industries, Inc., and Charter
Steel) requested that Commerce initiate a CCR to revoke, in part, the
AD orders on wire rod from Korea and the United Kingdom as to grade
1078 and higher tire cord wire rod effective May 21, 2018.\2\
---------------------------------------------------------------------------
\1\ See 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, 83 FR
23417 (May 21, 2018) (Orders).
\2\ See letter from domestic industry re: ``Carbon and Alloy
Steel Wire Rod from the Republic of Korea and the United Kingdom:
Petitioners' Request for Changed Circumstances Review and Partial
Revocation Request,'' dated September 17, 2018 (CCR Request).
---------------------------------------------------------------------------
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 orders is dispositive.\3\
---------------------------------------------------------------------------
\3\ For a description of the domestic industry's proposed
exclusion language, see Attachment 1.
---------------------------------------------------------------------------
Initiation and Expedited Preliminary Results of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.216(d), Commerce will conduct a CCR of an
antidumping or countervailing duty order when it receives information
which shows changed circumstances sufficient to warrant such a review.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in whole or in part) if it determines
that producers accounting for substantially all of the production of
the domestic like product have no further interest in the order, in
whole or in part. In addition, in the event Commerce determines that
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits
Commerce to combine the notices of initiation and preliminary results.
For the reasons discussed below and in the accompanying proprietary
memorandum, we find that such sufficient information exists to warrant
a CCR.\4\ Further, Commerce does not require any additional information
to make a preliminary finding. For this reason, as permitted by 19 CFR
351.221(c)(3)(ii), Commerce finds that expedited action is warranted
and is conducting this review on an expedited basis by publishing
preliminary results
[[Page 55695]]
in conjunction with a notice of initiation.
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\4\ See Memorandum, ``Analysis of Industry Support for Changed
Circumstances Review: Carbon and Alloy Steel Wire Rod from the
Republic of Korea and the United Kingdom,'' dated concurrently with,
and hereby adopted by, this notice.
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The six domestic producers filing the request assert that they
account for ``substantially all'' \5\ of the domestic production of
carbon and alloy steel wire rod.\6\ Because there is no record
information that contradicts this claim, in accordance with section
751(b) of the Act and 19 CFR 351.222(g)(1)(i), we find that the six
domestic producers comprise substantially all of the production of the
domestic like product.
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\5\ In its administrative practice, Commerce has interpreted
``substantially all'' to mean at least 85 percent of the total
production of the domestic like product covered by the order. See,
e.g., Supercalendered Paper from Canada: Final Results of Changed
Circumstances Review and Revocation of Countervailing Duty Order, 83
FR 32268 (July 12, 2018).
\6\ See CCR Request at 4-6.
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Because this CCR request was filed less than 24 months after the
date of publication of notice of the final determination in the
investigations, pursuant to 19 CFR 351.216(c), Commerce must determine
whether good cause exists. We find that the six domestic producers'
affirmative statement of no interest in the orders with respect to
grade 1078 and higher tire cord quality wire rod constitutes good cause
for the conduct of this review.\7\ Based on the expression of no
interest by the six domestic producers and in the absence of any
objection by any other interested parties, we preliminarily determine
that substantially all of the domestic producers of the like product
have no interest in the continued application of the antidumping duty
orders on wire rod from Korea and the United Kingdom. Accordingly, we
are notifying the public of our intent to revoke, in part, the
antidumping duty orders as they relate to imports of grade 1078 and
higher tire cord wire rod. We intend to change the scope of the orders
on wire rod from Korea and the United Kingdom by adding the exclusion
language provided in Attachment 1 and requiring a certification as
provided in Attachment 2.
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\7\ See e.g., Certain Cold-Rolled Steel Flat Products from
Japan: Initiation and Preliminary Results of Changed Circumstances
Review, and Intent To Revoke Order in Part, 82 FR 821 (January 4,
2017) (finding that ``Petitioners' affirmative statement of no
interest in the order . . . constitutes good case for the conduct of
this review.'')
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Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\8\ Rebuttal briefs, which
must be limited to issues raised in case briefs, may be filed not later
than seven days after the due date for case briefs.\9\ All submissions
must be filed electronically using Enforcement and Compliance's AD and
CVD Centralized Electronic Service System (ACCESS). ACCESS is available
to registered users at https://access.trade.gov and in the Central
Records Unit, room B8024 of the main Department of Commerce building.
An electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set
forth in this notice.
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\8\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for filing of case briefs.
\9\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for filing of rebuttal briefs.
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Any interested party may request a hearing within 14 days of
publication of this notice. Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230 in a room to be determined.\10\
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\10\ See 19 CFR 351.310(d).
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Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this CCR no later than 270 days after the
date on which this review was initiated or 45 days if all parties agree
to the outcome of the review.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: November 1, 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.
Attachment 1
Proposed Revision to the Scope of the Orders
Excluded from the scope of the antidumping duty orders from
Korea and the United Kingdom are grade 1078 and higher tire cord
quality wire rod to be used in the production of tire cord wire.
Grade 1078 and higher tire cord quality wire rod refers to wire rod
with not less than 0.78 percent of carbon and includes but is not
limited to other high carbon grades of wire rod such as Grade 1078,
1080, 1085, 1086, 1090, and 1092.
Grade 1078 and higher tire cord quality rod is defined as: (i)
Grade 1078 and higher tire cord quality wire rod measuring not more
than 6.0 mm in cross-sectional diameter; (ii) with an average
partial decarburization of no more than 70 microns in depth (maximum
individual 200 microns); (iii) having no non-deformable inclusions
greater than 20 microns and no deformable inclusions greater than 35
microns; (iv) having a carbon segregation per heat average of 3.0 or
better; (v) having a surface quality with no surface defects of a
length greater than 0.15 mm; (vi) capable of being drawn to a
diameter of 0.405 mm or less, and (vii) containing by weight the
following elements in the proportions shown: (1) 0.78 percent or
more of carbon, (2) less than 0.01 percent of aluminum, (3) 0.040
percent or less, in the aggregate, of phosphorus and sulfur, (4)
0.006 percent or less of nitrogen, (5) not more than 0.6 percent
silicon; and (6) not more than 0.55 percent in the aggregate, of
copper, nickel, and chromium. For purposes of the grade 1078 and
higher tire cord quality wire rod, an inclusion will be considered
to be deformable if its ratio of length (measured along the axis-
that is, the direction of rolling-of the rod) over thickness
(measured on the same inclusion in a direction perpendicular to the
axis of the rod) is equal to or greater than three. The size of an
inclusion for purposes of the 20 microns and 35 microns limitations
is the measurement of the largest dimension observed on a
longitudinal section measured in a direction perpendicular to the
axis of the rod.
The designation of the products as ``tire cord quality''
indicates the acceptability of the product for use in the production
of tire cord applications which require that the tire cord wire rod
be drawn into wire with a diameter of 0.405 mm or less. These
quality designations are presumed to indicate that these products
are being used in tire cord applications, and such merchandise
intended for the tire cord applications is not included in the
scope. Importers of tire cord quality wire rod will attach, as a
condition of entry, a certification of end use that certifies that
the Grade 1078 and above tire cord quality wire rod will be used
only in the production of tire cord wire.\11\
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\11\ See Attachment II for proposed certification.
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Attachment 2
Proposed End Use Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the importation of the {INSERT GRADE{time} tire cord wire rod
produced in {INSERT COUNTRY{time} that entered under entry
number(s) {INSERT ENTRY NUMBER(S){time} and are covered by this
certification;
I have personal knowledge of the facts regarding the
production of the imported products covered by this certification;
I have personal knowledge of the facts regarding the
end-use of the imported products covered by this certification
because (initial one):
[[Page 55696]]
___my company is the end-user of the imported product
covered by this certification,
Or
___my company is not the end-user of the imported
products covered by this certification, but I have contacted the
end-user and advised them in writing of the end-use requirements for
the imported product and an official of the end-user has signed a
copy of this certification;
This tire cord wire rod shall be used for tire cord
applications, which require that the tire cord wire rod be drawn
into wire with a diameter of 0.405 mm or less;
This tire cord wire rod will not be drawn into wire
with a diameter greater than 0.405 mm;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of this certification
(including a copy signed by an end-user that is not the importer)
and sufficient documentation supporting this certification for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in the
United States courts regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to provide this certification and
supporting records, upon entry, to U.S. Customs and Border
Protection (CBP);
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or the U.S. Department of Commerce (Commerce);
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) cash deposits equal to the rates as determined
by Commerce;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed at the time of entry;
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make material false statements to the U.S.
government.
IMPORTER SIGNATURE-----------------------------------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
DATE-------------------------------------------------------------------
END-USER SIGNATURE (if other than importer)----------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
COMPANY NAME-----------------------------------------------------------
DATE-------------------------------------------------------------------
[FR Doc. 2018-24350 Filed 11-6-18; 8:45 am]
BILLING CODE 3510-DS-P
