Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Final Results of the Expedited First Five-Year Sunset Review of the Countervailing Duty Order, 17533-17534 [2020-06549]

Download as PDF Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–570–013] Carbon and Certain Alloy Steel Wire Rod From the People’s Republic of China: Final Results of the Expedited First Five-Year Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on carbon and certain alloy steel wire rod (wire rod) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable March 30, 2020. FOR FURTHER INFORMATION CONTACT: Ian Hamilton, 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) 482–4798. SUPPLEMENTARY INFORMATION: AGENCY: lotter on DSKBCFDHB2PROD with NOTICES Background On January 8, 2015, Commerce published its CVD order on wire rod from China in the Federal Register.1 On December 2, 2019, Commerce published the notice of initiation of the first sunset review of the Order,2 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 Commerce received a notice of intent to participate from Charter Steel, Commercial Metals Company, EVRAZ Rocky Mountain 1 See Carbon and Certain Alloy Steel Wire Rod from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 1018 (January 8, 2015) (Order). 2 See Order. We applied subsidy rates of 193.31 percent to Benxi Steel (comprised of: Benxi Beiying Iron & Steel Group Import & Export Corp.; Benxi Beiying Iron & Steel (Group) Co., Ltd.; Benxi Steel Group Corporation; Beitai Iron & Steel (Group) Co., Ltd.; Benxi Northern Steel Rolling Co., Ltd.; Benxi Beifang Gaosu Steel Wire Rod Co., Ltd.; Benxi Beitai Gaosu Steel Wire Rod Co., Ltd.; Benxi Northern Steel Co., Ltd.; Benxi Beifang Second Rolling Co., Ltd.; Benxi Beitai Ductile Iron Pipes Co., Ltd.; Benxi Iron and Steel (Group) Metallurgy Co., Ltd.; Benxi Iron and Steel (Group) Real Estate Development Co., Ltd.; Benxi Iron & Steel (Group) Co., Ltd.; Bei Tai Iron and Steel Group Imp. And Exp. (Dalian) Co., Ltd.; and Bengang Steel Plate Co., Ltd.); 178.46 percent to Hebei Iron & Steel Co., Ltd. Tangshan Branch; and 185.89 percent to all others. Id., 80 FR at 1019. 3 See Initiation of Five-Year (Sunset) Review, 84 FR 65968 (December 2, 2019). VerDate Sep<11>2014 18:05 Mar 27, 2020 Jkt 250001 Steel, Liberty Steel USA, Nucor Corporation, and Optimus Steel LLC (collectively, domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).4 Each claimed interested party status under section 771(9)(C) of the Act, as domestic producers of wire rod in the United States. Commerce received a substantive response from the domestic interested parties 5 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive response from any other domestic or interested parties in this proceeding, nor was a hearing requested. On January 22, 2020, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The merchandise covered by this Order is certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately circular 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 phosphorus, 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 subject to this Order are currently classifiable under subheadings 7213.91.3011, 7213.91.3015, 4 See Domestic Interested Parties’ Letter, ‘‘Carbon and Certain Alloy Steel Wire Rod from the People’s Republic of China: Notice of Intent to Participate,’’ dated December 17, 2019. 5 See Domestic Interested Parties’ Letter, ‘‘Carbon and Certain Alloy Steel Wire Rod from the People’s Republic of China: Substantive Response,’’ dated January 2, 2020. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on December 2, 2019,’’ dated January 22, 2020. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 17533 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 merchandise covered by the Order is dispositive. For a complete description of the scope of the Order, see the accompanying Issues and Decision Memorandum.7 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on wire rod from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Manufacturers/producers/ exporters Benxi Steel ........................... Hebei Iron & Steel Co., Ltd. Tangshan Branch ............. All Others .............................. Net countervailable subsidy (percent) 193.31 178.46 185.89 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod Oxide from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\30MRN1.SGM 30MRN1 17534 Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 / Notices Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. the ‘‘Final Determination’’ section of this notice. DATES: Applicable March 30, 2020. FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Erin Kearney, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312 or (202) 482–0167, respectively. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Background Dated: March 24, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. History of the Order IV. Scope of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–866] Sodium Sulfate Anhydrous From Canada: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that sodium sulfate anhydrous (sodium sulfate) from Canada is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2018 through December 31, 2018. The final estimated weighted-average dumping margins of sales at LTFV are shown in lotter on DSKBCFDHB2PROD with NOTICES VerDate Sep<11>2014 18:05 Mar 27, 2020 Jkt 250001 This final determination is made in accordance with section 735 of the Tariff Act of 1930, as amended (the Act). On November 8, 2019, Commerce published the preliminary affirmative determination of sales at LTFV in the investigation of sodium sulfate from Canada, and also extended the final determination to March 23, 2020.1 We invited interested parties to comment on the Preliminary Determination. On January 17, 2020, we received case briefs from the sole respondent, Saskatchewan Mining and Minerals Inc. (SMM),2 and Cooper Natural Resources, Inc., Elementis Global LLC, and Searles Valley Minerals (collectively, the petitioners).3 On January 22, 2020, we received rebuttal briefs from SMM,4 the Government of Canada,5 and the petitioners.6 On February 28, we held a public hearing concerning the issues raised in case and rebuttal briefs.7 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues [FR Doc. 2020–06549 Filed 3–27–20; 8:45 am] AGENCY: SUPPLEMENTARY INFORMATION: 1 See Sodium Sulfate Anhydrous from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 84 FR 60375 (November 8, 2019) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). 2 See SMM’s Letter, ‘‘Antidumping Duty Investigation of Sodium Sulfate Anhydrous from Canada: Case Brief for SMMI,’’ dated January 17, 2020. 3 See Petitioners’ Letter, ‘‘Sodium Sulfate Anhydrous from Canada: Petitioners’ Case Brief,’’ dated January 17, 2020. 4 See SMM’s Letter, ‘‘Antidumping Duty Investigation of Sodium Sulfate Anhydrous from Canada: Rebuttal Brief for SMMI,’’ dated January 22, 2020. 5 See Government of Canada’s Letter, ‘‘Rebuttal Brief of the Government of Canada,’’ dated January 22, 2020. 6 See Petitioners’ Letter, ‘‘Sodium Sulfate Anhydrous from Canada: Petitioners’ Rebuttal Brief,’’ dated January 22, 2020. 7 See Hearing Transcript from Neal R. Gross and Co., Inc., dated March 6, 2020. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 and Decision Memorandum.8 A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and it is available to all parties in the Central Records Unit, room B–8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. 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 sodium sulfate from Canada. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in October and December 2019, we verified the cost and sales information submitted by SMM for use in our final determination. We used standard verification procedures, including examination of relevant accounting and production records, and original source documents provided by SMM.9 Analysis of Comments Received and Changes Since the Preliminary Determination As noted above, we received case and rebuttal briefs pertaining to the Preliminary Determination. For the purposes of the final determination, Commerce has made certain changes to the Preliminary Determination: We incorporated into the final margin calculation the minor corrections presented by SMM at the outset of 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Sodium Sulfate Anhydrous from Canada and Final Negative Determination of Critical Circumstances,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 9 See Memorandum, ‘‘Verification of the Cost Response of Saskatchewan Mining and Minerals Inc. in the Antidumping Duty Investigation of Sodium Sulfate Anhydrous from Canada,’’ dated December 10, 2019; see also Memorandum, ‘‘Verification of the Sales Response of Saskatchewan Mining and Minerals Inc. in the Antidumping Investigation of Sodium Sulfate from Canada,’’ dated January 9, 2020. E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17533-17534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06549]



[[Page 17533]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-013]


Carbon and Certain Alloy Steel Wire Rod From the People's 
Republic of China: Final Results of the Expedited First Five-Year 
Sunset Review of the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on carbon and certain alloy steel wire rod (wire rod) from the People's 
Republic of China (China) would be likely to lead to continuation or 
recurrence of countervailable subsidies at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable March 30, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, 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) 482-4798.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2015, Commerce published its CVD order on wire rod 
from China in the Federal Register.\1\ On December 2, 2019, Commerce 
published the notice of initiation of the first sunset review of the 
Order,\2\ pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\3\ Commerce received a notice of intent to 
participate from Charter Steel, Commercial Metals Company, EVRAZ Rocky 
Mountain Steel, Liberty Steel USA, Nucor Corporation, and Optimus Steel 
LLC (collectively, domestic interested parties), within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\4\ Each claimed interested party 
status under section 771(9)(C) of the Act, as domestic producers of 
wire rod in the United States.
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    \1\ See Carbon and Certain Alloy Steel Wire Rod from the 
People's Republic of China: Amended Final Affirmative Countervailing 
Duty Determination and Countervailing Duty Order, 80 FR 1018 
(January 8, 2015) (Order).
    \2\ See Order. We applied subsidy rates of 193.31 percent to 
Benxi Steel (comprised of: Benxi Beiying Iron & Steel Group Import & 
Export Corp.; Benxi Beiying Iron & Steel (Group) Co., Ltd.; Benxi 
Steel Group Corporation; Beitai Iron & Steel (Group) Co., Ltd.; 
Benxi Northern Steel Rolling Co., Ltd.; Benxi Beifang Gaosu Steel 
Wire Rod Co., Ltd.; Benxi Beitai Gaosu Steel Wire Rod Co., Ltd.; 
Benxi Northern Steel Co., Ltd.; Benxi Beifang Second Rolling Co., 
Ltd.; Benxi Beitai Ductile Iron Pipes Co., Ltd.; Benxi Iron and 
Steel (Group) Metallurgy Co., Ltd.; Benxi Iron and Steel (Group) 
Real Estate Development Co., Ltd.; Benxi Iron & Steel (Group) Co., 
Ltd.; Bei Tai Iron and Steel Group Imp. And Exp. (Dalian) Co., Ltd.; 
and Bengang Steel Plate Co., Ltd.); 178.46 percent to Hebei Iron & 
Steel Co., Ltd. Tangshan Branch; and 185.89 percent to all others. 
Id., 80 FR at 1019.
    \3\ See Initiation of Five-Year (Sunset) Review, 84 FR 65968 
(December 2, 2019).
    \4\ See Domestic Interested Parties' Letter, ``Carbon and 
Certain Alloy Steel Wire Rod from the People's Republic of China: 
Notice of Intent to Participate,'' dated December 17, 2019.
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    Commerce received a substantive response from the domestic 
interested parties \5\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no substantive response from any other 
domestic or interested parties in this proceeding, nor was a hearing 
requested.
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    \5\ See Domestic Interested Parties' Letter, ``Carbon and 
Certain Alloy Steel Wire Rod from the People's Republic of China: 
Substantive Response,'' dated January 2, 2020.
---------------------------------------------------------------------------

    On January 22, 2020, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\6\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted an expedited (120-day) sunset review of this Order.
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    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 2, 2019,'' dated January 22, 2020.
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Scope of the Order

    The merchandise covered by this Order is certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
circular 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 phosphorus, 
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 subject to this Order 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 merchandise covered by the Order is 
dispositive. For a complete description of the scope of the Order, see 
the accompanying Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Antidumping Duty Order on 
Carbon and Certain Alloy Steel Wire Rod Oxide from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on wire rod from China would be likely 
to lead to continuation or recurrence of countervailable subsidies at 
the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/ exporters                subsidy
                                                            (percent)
------------------------------------------------------------------------
Benxi Steel............................................           193.31
Hebei Iron & Steel Co., Ltd. Tangshan Branch...........           178.46
All Others.............................................           185.89
------------------------------------------------------------------------


[[Page 17534]]

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: March 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-06549 Filed 3-27-20; 8:45 am]
 BILLING CODE 3510-DS-P