Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 63478-63479 [2018-26650]

Download as PDF 63478 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices Commerce is also amending the Amended Final Results 2008–2009 with respect to CPI. In particular, Commerce is amending its previous rescission of the administrative review and is no longer rescinding the review with respect to CPI but, instead, is issuing final results of review with respect to CPI. Moreover, Commerce intends to issue instructions to CBP to liquidate entries entered under CPI’s 23 combination rates as follows. For the 10 combination rates that CPI does not acknowledge using, Commerce intends to instruct CBP to liquidate entries under those 10 combination rates at the China-wide rate of 118.04 percent because the record evidence demonstrates that none of the companies associated with these 10 combination rates made the relevant export sale. For the 10 combination rates that CPI does acknowledge using and for which each producer had knowledge the merchandise was destined for the United States, Commerce intends to instruct CBP to liquidate entries under those 10 combination rates at the separate rate of 15.43 percent, determined for each respective producer during the administrative review. For the remaining three combination rates, Commerce intends to instruct CBP to liquidate such entries at the rate in effect at the time of entry, because the three producers at issue were not included in the final results of the administrative review. In the event that the CIT’s ruling is not appealed, or, if appealed, is upheld by a final and conclusive court decision, Commerce will instruct CBP to assess antidumping duties in accordance with the above. Cash Deposit Requirements The cash deposit rates for Stanley and the 22 Separate Rate Companies have changed as a result of subsequent administrative reviews. Therefore, this amended final results does not change the later-established cash deposit rates for these companies. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: December 3, 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. [FR Doc. 2018–26653 Filed 12–7–18; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:10 Dec 07, 2018 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration [A–469–805] Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Sidenor Aceros Especiales S.L. (Sidenor), the sole exporter subject to this administrative review has made sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2017, through August 8, 2017. We invite interested parties to comment on these preliminary results. DATES: Applicable December 10, 2018. FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Kabir Archuletta, 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) 482–5260 or (202) 482–2593, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce is conducting an administrative review of the antidumping duty order on stainless steel sar (SSB) from Spain, in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).1 The review covers one producer/ exporter of the subject merchandise, Sidenor. When the review was initiated, the period of review (POR) was March 1, 2017, through Febrary 28, 2018. However, on October 3, 2018, as a result of a five-year (sunset) review, Commerce revoked the antidumping duty order on imports of stainless steel bar (SSB) from Spain, effective August 9, 2017.2 As a result, the POR was revised to March 1, 2017, through August 8, 2017.3 Scope of the Order The merchandise subject to the order is SSB. The SSB subject to the order is currently classifiable under subheadings 1 See Amended Final Determination and Antidumping Duty Order: Stainless Steel Bar From Spain, 60 FR 11656 (March 2, 1995) (Order). 2 See Stainless Steel Bar from Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Order (India) and Revocation of Antidumping Duty Orders (Brazil, Japan, and Spain), 83 FR 49910 (October 3, 2018) (Revocation Notice). 3 Id. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.4 Methodology Commerce is conducting this review in accordance with section 751(a)(2) of the Act. Constructed export price and export price were calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in Commerce’s Central Records Unit, located at room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at https:// enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision Memorandum is attached at the Appendix to this notice. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margin exists for Sidenor for the period March 1, 2017, through August 8, 2017. Producer/exporter Weightedaverage dumping margin (percent) Sidenor Aceros Especiales, S.L. 1.76 Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary results.5 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar from Spain; 2017–2018,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 5 See 19 CFR 351.224(b). E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the date for filing case briefs.6 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance. All documents must be filed electronically using ACCESS, which is available to registered users at https://access.trade.gov. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.8 Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1) and (2). Assessment Rates Upon issuance of the final results, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this revised POR. If Sidenor’s weightedaverage dumping margin continues to be above de minimis in the final results of this review, we will calculate importerspecific assessment rates based on the ratio of the total amount of antidumping duties calculated for each importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).9 If Sidenor’s 6 See 19 CFR 351.309(d). 19 CFR 351.303 (for general filing requirements). 8 See 19 CFR 351.310(c). 9 In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 7 See VerDate Sep<11>2014 17:10 Dec 07, 2018 Jkt 247001 weighted-average dumping margin is zero or de minimis in the final results of this review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews.10 For entries of subject merchandise during the POR produced by Sidenor for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements In the Revocation Notice, Commerce stated that it would issue instructions to CBP to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of subject merchandise, entered or withdrawn from warehouse, on or after August 9, 2017.11 On October 19, 2018, Commerce issued liquidation instructions to CBP.12 Furthermore, because the antidumping duty order on SSB from Spain has been revoked as a result of the Revocation Notice, Commerce will not issue cash deposit instructions at the conclusion of this administrative review. 63479 Dated: December 3, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Discussion of the Methodology (1) Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis (2) Product Comparisons (3) Date of Sale (4) Level of Trade/CEP Offset (5) Export Price (6) Normal Value A. Home Market Viability and Comparison Market B. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test C. Calculation of Normal Value Based on Comparison Market Prices D. Price-to-Constructed Value Comparison VI. Currency Conversion VII. Recommendation [FR Doc. 2018–26650 Filed 12–7–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Notification to Importers International Trade Administration This notice 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 duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1) and 351.221(b)(4). [A–570–831] (February 14, 2012) (Final Modification for Reviews). 10 See Final Modification for Reviews, 77 FR at 8102. 11 See Revocation Notice, 83 FR at 49911. 12 See Commerce Letter re: Sunset Revocation of Antidumping Duty Orders—U.S. Customs and Border Protection (CBP) Liquidation Instructions, dated November 26, 2018. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Fresh Garlic From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that exporters of fresh garlic from the People’s Republic of China (China) sold merchandise in the United States at prices below normal value (NV) during the period of review (POR), November 1, 2016, through October 31, 2017. We invite interested parties to comment on these preliminary results. DATES: Applicable December 10, 2018. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, AGENCY: E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63478-63479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26650]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-805]


Stainless Steel Bar From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Sidenor Aceros Especiales S.L. (Sidenor), the sole exporter subject to 
this administrative review has made sales of subject merchandise at 
less than normal value during the period of review (POR) March 1, 2017, 
through August 8, 2017. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Kabir Archuletta, 
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) 482-5260 or (202) 
482-2593, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on stainless steel sar (SSB) from Spain, in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act).\1\ The review covers one producer/exporter of the subject 
merchandise, Sidenor. When the review was initiated, the period of 
review (POR) was March 1, 2017, through Febrary 28, 2018. However, on 
October 3, 2018, as a result of a five-year (sunset) review, Commerce 
revoked the antidumping duty order on imports of stainless steel bar 
(SSB) from Spain, effective August 9, 2017.\2\ As a result, the POR was 
revised to March 1, 2017, through August 8, 2017.\3\
---------------------------------------------------------------------------

    \1\ See Amended Final Determination and Antidumping Duty Order: 
Stainless Steel Bar From Spain, 60 FR 11656 (March 2, 1995) (Order).
    \2\ See Stainless Steel Bar from Brazil, India, Japan, and 
Spain: Continuation of Antidumping Duty Order (India) and Revocation 
of Antidumping Duty Orders (Brazil, Japan, and Spain), 83 FR 49910 
(October 3, 2018) (Revocation Notice).
    \3\ Id.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is SSB. The SSB subject to the 
order is currently classifiable under subheadings 7222.10.00, 
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff 
Schedule of the United States (HTSUS). While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
is dispositive. A full description of the scope of the order is 
contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Bar from Spain; 2017-2018,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Constructed export price and export price were 
calculated in accordance with section 772 of the Act. Normal value was 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is made available to the public via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov and to all parties in Commerce's 
Central Records Unit, located at room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached at the Appendix to this notice.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for Sidenor for the 
period March 1, 2017, through August 8, 2017.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Sidenor Aceros Especiales, S.L.............................        1.76
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).

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[[Page 63479]]

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than five days after the date for filing case 
briefs.\6\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance. All documents must be filed 
electronically using ACCESS, which is available to registered users at 
https://access.trade.gov. An electronically filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time, within 30 days after the date of publication of this notice.\8\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1) and (2).

Assessment Rates

    Upon issuance of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries covered by this revised POR. If 
Sidenor's weighted-average dumping margin continues to be above de 
minimis in the final results of this review, we will calculate 
importer-specific assessment rates based on the ratio of the total 
amount of antidumping duties calculated for each importer's examined 
sales and the total entered value of the sales in accordance with 19 
CFR 351.212(b)(1).\9\ If Sidenor's weighted-average dumping margin is 
zero or de minimis in the final results of this review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews.\10\
---------------------------------------------------------------------------

    \9\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \10\ See Final Modification for Reviews, 77 FR at 8102.
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
Sidenor for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate company or 
companies involved in the transaction.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    In the Revocation Notice, Commerce stated that it would issue 
instructions to CBP to terminate the suspension of liquidation and to 
discontinue the collection of cash deposits on entries of subject 
merchandise, entered or withdrawn from warehouse, on or after August 9, 
2017.\11\ On October 19, 2018, Commerce issued liquidation instructions 
to CBP.\12\ Furthermore, because the antidumping duty order on SSB from 
Spain has been revoked as a result of the Revocation Notice, Commerce 
will not issue cash deposit instructions at the conclusion of this 
administrative review.
---------------------------------------------------------------------------

    \11\ See Revocation Notice, 83 FR at 49911.
    \12\ See Commerce Letter re: Sunset Revocation of Antidumping 
Duty Orders--U.S. Customs and Border Protection (CBP) Liquidation 
Instructions, dated November 26, 2018.
---------------------------------------------------------------------------

Notification to Importers

    This notice 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 duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1) 
and 351.221(b)(4).

    Dated: December 3, 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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
    (1) Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    (2) Product Comparisons
    (3) Date of Sale
    (4) Level of Trade/CEP Offset
    (5) Export Price
    (6) Normal Value
    A. Home Market Viability and Comparison Market
    B. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    C. Calculation of Normal Value Based on Comparison Market Prices
    D. Price-to-Constructed Value Comparison
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2018-26650 Filed 12-7-18; 8:45 am]
 BILLING CODE 3510-DS-P
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