Steel Concrete Reinforcing Bars From Belarus and Carbon and Alloy Steel Wire Rod From Belarus: Final Results of Antidumping Duty Changed Circumstances Reviews, 67511-67512 [2020-23513]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices
proprietary information, until further
notice.17
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, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
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 and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined.
Final Results of Review
Unless otherwise extended,
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,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
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 duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: October 14, 2020.
Jeffrey I. Kessler,
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
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
18:09 Oct 22, 2020
Jkt 253001
IV. Discussion of the Methodology
V. Product Comparisons
VI. Date of Sale
VII. Export Price and Constructed Export
Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–23484 Filed 10–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–822–804; A–822–806]
Steel Concrete Reinforcing Bars From
Belarus and Carbon and Alloy Steel
Wire Rod From Belarus: Final Results
of Antidumping Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 6, 2020, the
Department of Commerce (Commerce)
published the initiation of the changed
circumstances reviews (CCRs) of steel
concrete reinforcing bars from Belarus
and carbon and alloy steel wire rod from
Belarus. For these final results,
Commerce concludes that Belarus
continues to be a non-market economy
(NME) country for purposes of the
antidumping duty (AD) law, because its
economy does not primarily operate on
market principles.
DATES: Applicable October 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Christopher Loopesko, Office of Policy,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0969.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 16, 2019, the
Government of Belarus (GOB) requested
that Commerce review Belarus’ status as
an NME country within the context of
CCRs of the AD orders on steel concrete
reinforcing bars and carbon and alloy
steel wire rod.1 On February 6, 2020,
Commerce published in the Federal
Register the notice of initiation of these
CCRs.2
1 See GOB’s Letter, ‘‘Steel Concrete Reinforcing
Bars from Belarus and Alloy Steel Wire Rod from
Belarus: Request for the Department of Commerce
to Initiate a Changed Circumstance Review on
Behalf of the Republic of Belarus,’’ dated December
16, 2019.
2 See Steel Concrete Reinforcing Bars from
Belarus and Carbon and Alloy Steel Wire Rod from
Belarus: Initiation of Antidumping Duty Changed
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
67511
On March 9, 2020, Commerce
received comments and information
from Liberty Steel USA, Optimus Steel
LLC, and Charter Steel (collectively,
Domestic Wire Rod Producers); 3 Nucor
Corporation (Nucor) and Commercial
Metals Company (CMC), domestic
producers of carbon and alloy steel wire
rod; the Rebar Trade Action Coalition
and its individual members, Nucor,
Gerdau Ameristeel US Inc., CMC, Steel
Dynamics, Inc., and Byer Steel Group,
Inc., domestic producers of steel
concrete reinforcing bar (collectively,
Domestic Steel Producers); 4 and the
GOB.5 On March 13, 2020, Commerce
received comments and information
from the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union (USW).6
On April 6, 2020, Commerce received
rebuttal briefs from Domestic Wire Rod
Producers,7 Domestic Steel Producers,8
and the GOB.9
Public Hearing
On September 30, 2020, Commerce
held a public hearing via
videoconference.10
Analysis of Comments Received
Commerce’s analysis of the issues
raised by parties to this review is
Circumstances Reviews, 85 FR 6893 (February 6,
2020).
3 See Domestic Wire Rod Producers’ Letter, ‘‘Steel
Concrete Reinforcing Bars from Belarus and Carbon
and Alloy Steel Wire Rod from Belarus—Comments
on Changed Circumstances Reviews re: Belarus
Non-Market Economy Status,’’ dated March 9, 2020.
4 See Domestic Steel Producers’ Letter, ‘‘Steel
Concrete Reinforcing Bars from Belarus and Alloy
Steel Wire Rod from Belarus: Comments Pursuant
to 19 U.S.C. 1677(18)(B),’’ dated March 9, 2020.
5 See GOB’s Letter, ‘‘Changed Circumstances
Reviews—Belarus Nonmarket Economy Graduation:
Government of Belarus Case Brief and Hearing
Request,’’ dated March 9, 2020.
6 See USW’s Letter, ‘‘Steel Concrete Reinforcing
Bars from Belarus and Carbon and Alloy Steel Wire
Rod from Belarus: Refiling of Comments,’’ dated
March 13, 2020 (USW’s Brief). The USW’s brief was
timely filed on March 6, 2020. However, the USW
omitted certain certifications, and Commerce
requested that the USW refile its submission with
the proper certifications by March 13, 2020.
Therefore, we consider this brief to be timely filed.
7 See Domestic Steel Producers’ Letter, ‘‘Steel
Concrete Reinforcing Bars from Belarus and Carbon
and Alloy Steel Wire Rod from Belarus—Domestic
Interested Parties’ Rebuttal Comments on Belarus’
NME Graduation Comments,’’ dated April 6, 2020.
8 See Domestic Steel Producers’ Letter, ‘‘Steel
Concrete Reinforcing Bars from Belarus and Alloy
Steel Wire Rod from Belarus: Rebuttal Comments,’’
dated April 6, 2020.
9 See GOB’s Letter, ‘‘Steel Concrete Reinforcing
Bar and Carbon and Alloy Steel Wire Rod from
Belarus: Government of Belarus Rebuttal
Comments,’’ dated April 6, 2020.
10 See Public Hearing Transcript regarding
‘‘Antidumping Duty Changed Circumstances
Reviews of Steel Concrete Reinforcing Bars from
Belarus and Carbon and Alloy Steel Wire Rod from
Belarus,’’ dated September 30, 2020.
E:\FR\FM\23OCN1.SGM
23OCN1
67512
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
included in the NME Analysis Memo.11
The NME Analysis Memo is a public
document 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. In addition, a complete
version of the NME Analysis Memo can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed NME Analysis
Memo and the electronic versions of the
NME Analysis Memo are identical in
content.
Final Results of Changed
Circumstances Reviews
These CCRs were conducted pursuant
to section 771(18)(A) of the Tariff Act of
1930, as amended (the Act), which
defines the term ‘‘non-market economy
country’’ as any foreign country
determined by Commerce not to
‘‘operate on market principles of cost or
pricing structures, so that sales of
merchandise in such country do not
reflect the fair value of the
merchandise.’’ Section 771(18)(B) of the
Act lists six factors Commerce must
consider in any inquiry made under
section 771(18)(A) of the Act, and under
section 771(18)(C)(i) of the Act, a
country’s NME country status remains
in effect until revoked.
Section 771(18)(B) of the Act requires
that Commerce take into account: (1)
The extent to which the currency of the
foreign country is convertible into the
currency of other countries; (2) the
extent to which wage rates in the foreign
country are determined by free
bargaining between labor and
management; (3) the extent to which
joint ventures or other investments by
firms of other foreign countries are
permitted in the foreign country; (4) the
extent of government ownership or
control of the means of production; (5)
the extent of government control over
the allocation of resources and over the
price and output decisions of
enterprises; and (6) such other factors as
the administering authority (i.e.,
Commerce) considers appropriate. In
these final results, Commerce concludes
that Belarus remains an NME country,
based on an analysis of these six factors.
The Belarusian government’s role in the
economy and its relationship with
markets and the private sector lead to
fundamental distortions and allocative
efficiency problems, and affect
11 See
Memorandum, ‘‘Final Results of Changed
Circumstances Reviews Regarding Belarus’ Status
as a Non-Market Economy Country,’’ dated
concurrently with, and hereby adopted by, this
notice (NME Analysis Memo).
VerDate Sep<11>2014
18:09 Oct 22, 2020
Jkt 253001
Belarusian costs or pricing structures
that are relevant to Commerce’s
antidumping analysis. Commerce’s
analysis and reasoning in support of its
conclusion are detailed in the NME
Analysis Memo.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
751(b) and 771(18)(C)(ii) of the Act.
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–23513 Filed 10–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–890]
Emulsion Styrene-Butadiene Rubber
From the Republic of Korea: Final
Results of the Administrative Review
of the Antidumping Duty Order; 2018–
2019
Enforcement and Compliance
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that sales of emulsion
styrene butadiene rubber (ESB rubber)
from the Republic of Korea (Korea) were
made at less than normal value during
the period of review (POR) September 1,
2018 through August 31, 2019.
DATES: Applicable October 23, 2020.
FOR FURTHER INFORMATION CONTACT:
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) 482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 1, 2020, Commerce published
the Preliminary Results of the
administrative review of the
antidumping duty order on ESB rubber
from Korea, wherein we applied facts
otherwise available with adverse
inferences to the sole mandatory
respondent, LG Chem, Ltd. (LG Chem),
because LG Chem notified Commerce
that it would not participate in the
review.1 We invited parties to submit
1 See Emulsion Styrene-Butadiene Rubber from
the Republic of Korea: Preliminary Results of the
Administrative Review of the Antidumping Duty
Order 2018–2019, 85 FR 39534 (July 1, 2020)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM); see also
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
comments on the Preliminary Results.
No party submitted comments.
Accordingly, the final results remain
unchanged from the Preliminary
Results.
On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
60 days.2 The deadline for the final
results of this review is now December
28, 2020.3
Scope of the Order
The merchandise subject to this order
is cold-polymerized emulsion styrenebutadiene rubber. Subject merchandise
includes but is not limited to ESB
rubber in primary forms, bales, granules,
crumbs, pellets, powders, plates, sheets
strip, etc. ESB rubber consists of nonpigmented rubbers and oil-extended
non-pigmented rubbers, both of which
contain at least one percent of organic
acids from the emulsion polymerization
process.
ESB rubber is produced and sold in
accordance with a generally accepted
set of product specifications issued by
the International Institute of Synthetic
Rubber Producers (IISRP). The scope of
the review covers grades of ESB rubber
included in the IISRP 1500 and 1700
series of synthetic rubbers. The 1500
grades are light in color and are often
described as ‘‘Clear’’ or ‘‘White Rubber.’’
The 1700 grades are oil-extended and
thus darker in color, and are often called
‘‘Brown Rubber.’’
Specifically excluded from the scope
of this order are products which are
manufactured by blending ESB rubber
with other polymers, high styrene resin
master batch, carbon black master batch
(i.e., HSRP 1600 series and 1800 series)
and latex (an intermediate product).
The subject merchandise is
classifiable under subheadings
4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the
United States (HTSUS). ESB rubber is
described by Chemical Abstract Services
(CAS) Registry No. 9003–55–8. This
CAS number also refers to other types
of styrene butadiene rubber.
Although the HTSUS subheadings
and the CAS registry number are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
LG Chem’s Letter, ‘‘Emulsion Styrene Butadiene
Rubber (ESBR) from Korea: LG Chem’s Decision to
Stop Participating in AD Review,’’ dated January
13, 2020.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 Id.
E:\FR\FM\23OCN1.SGM
23OCN1
]]>Agencies
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67511-67512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23513]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-822-804; A-822-806]
Steel Concrete Reinforcing Bars From Belarus and Carbon and Alloy
Steel Wire Rod From Belarus: Final Results of Antidumping Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 6, 2020, the Department of Commerce (Commerce)
published the initiation of the changed circumstances reviews (CCRs) of
steel concrete reinforcing bars from Belarus and carbon and alloy steel
wire rod from Belarus. For these final results, Commerce concludes that
Belarus continues to be a non-market economy (NME) country for purposes
of the antidumping duty (AD) law, because its economy does not
primarily operate on market principles.
DATES: Applicable October 23, 2020.
FOR FURTHER INFORMATION CONTACT: Christopher Loopesko, Office of
Policy, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0969.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, the Government of Belarus (GOB) requested
that Commerce review Belarus' status as an NME country within the
context of CCRs of the AD orders on steel concrete reinforcing bars and
carbon and alloy steel wire rod.\1\ On February 6, 2020, Commerce
published in the Federal Register the notice of initiation of these
CCRs.\2\
---------------------------------------------------------------------------
\1\ See GOB's Letter, ``Steel Concrete Reinforcing Bars from
Belarus and Alloy Steel Wire Rod from Belarus: Request for the
Department of Commerce to Initiate a Changed Circumstance Review on
Behalf of the Republic of Belarus,'' dated December 16, 2019.
\2\ See Steel Concrete Reinforcing Bars from Belarus and Carbon
and Alloy Steel Wire Rod from Belarus: Initiation of Antidumping
Duty Changed Circumstances Reviews, 85 FR 6893 (February 6, 2020).
---------------------------------------------------------------------------
On March 9, 2020, Commerce received comments and information from
Liberty Steel USA, Optimus Steel LLC, and Charter Steel (collectively,
Domestic Wire Rod Producers); \3\ Nucor Corporation (Nucor) and
Commercial Metals Company (CMC), domestic producers of carbon and alloy
steel wire rod; the Rebar Trade Action Coalition and its individual
members, Nucor, Gerdau Ameristeel US Inc., CMC, Steel Dynamics, Inc.,
and Byer Steel Group, Inc., domestic producers of steel concrete
reinforcing bar (collectively, Domestic Steel Producers); \4\ and the
GOB.\5\ On March 13, 2020, Commerce received comments and information
from the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union
(USW).\6\
---------------------------------------------------------------------------
\3\ See Domestic Wire Rod Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Carbon and Alloy Steel Wire Rod
from Belarus--Comments on Changed Circumstances Reviews re: Belarus
Non-Market Economy Status,'' dated March 9, 2020.
\4\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Alloy Steel Wire Rod from Belarus:
Comments Pursuant to 19 U.S.C. 1677(18)(B),'' dated March 9, 2020.
\5\ See GOB's Letter, ``Changed Circumstances Reviews--Belarus
Nonmarket Economy Graduation: Government of Belarus Case Brief and
Hearing Request,'' dated March 9, 2020.
\6\ See USW's Letter, ``Steel Concrete Reinforcing Bars from
Belarus and Carbon and Alloy Steel Wire Rod from Belarus: Refiling
of Comments,'' dated March 13, 2020 (USW's Brief). The USW's brief
was timely filed on March 6, 2020. However, the USW omitted certain
certifications, and Commerce requested that the USW refile its
submission with the proper certifications by March 13, 2020.
Therefore, we consider this brief to be timely filed.
---------------------------------------------------------------------------
On April 6, 2020, Commerce received rebuttal briefs from Domestic
Wire Rod Producers,\7\ Domestic Steel Producers,\8\ and the GOB.\9\
---------------------------------------------------------------------------
\7\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Carbon and Alloy Steel Wire Rod
from Belarus--Domestic Interested Parties' Rebuttal Comments on
Belarus' NME Graduation Comments,'' dated April 6, 2020.
\8\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Alloy Steel Wire Rod from Belarus:
Rebuttal Comments,'' dated April 6, 2020.
\9\ See GOB's Letter, ``Steel Concrete Reinforcing Bar and
Carbon and Alloy Steel Wire Rod from Belarus: Government of Belarus
Rebuttal Comments,'' dated April 6, 2020.
---------------------------------------------------------------------------
Public Hearing
On September 30, 2020, Commerce held a public hearing via
videoconference.\10\
---------------------------------------------------------------------------
\10\ See Public Hearing Transcript regarding ``Antidumping Duty
Changed Circumstances Reviews of Steel Concrete Reinforcing Bars
from Belarus and Carbon and Alloy Steel Wire Rod from Belarus,''
dated September 30, 2020.
---------------------------------------------------------------------------
Analysis of Comments Received
Commerce's analysis of the issues raised by parties to this review
is
[[Page 67512]]
included in the NME Analysis Memo.\11\ The NME Analysis Memo is a
public document 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. In addition, a complete version of the NME Analysis
Memo can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed NME Analysis Memo and
the electronic versions of the NME Analysis Memo are identical in
content.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Final Results of Changed Circumstances
Reviews Regarding Belarus' Status as a Non-Market Economy Country,''
dated concurrently with, and hereby adopted by, this notice (NME
Analysis Memo).
---------------------------------------------------------------------------
Final Results of Changed Circumstances Reviews
These CCRs were conducted pursuant to section 771(18)(A) of the
Tariff Act of 1930, as amended (the Act), which defines the term ``non-
market economy country'' as any foreign country determined by Commerce
not to ``operate on market principles of cost or pricing structures, so
that sales of merchandise in such country do not reflect the fair value
of the merchandise.'' Section 771(18)(B) of the Act lists six factors
Commerce must consider in any inquiry made under section 771(18)(A) of
the Act, and under section 771(18)(C)(i) of the Act, a country's NME
country status remains in effect until revoked.
Section 771(18)(B) of the Act requires that Commerce take into
account: (1) The extent to which the currency of the foreign country is
convertible into the currency of other countries; (2) the extent to
which wage rates in the foreign country are determined by free
bargaining between labor and management; (3) the extent to which joint
ventures or other investments by firms of other foreign countries are
permitted in the foreign country; (4) the extent of government
ownership or control of the means of production; (5) the extent of
government control over the allocation of resources and over the price
and output decisions of enterprises; and (6) such other factors as the
administering authority (i.e., Commerce) considers appropriate. In
these final results, Commerce concludes that Belarus remains an NME
country, based on an analysis of these six factors. The Belarusian
government's role in the economy and its relationship with markets and
the private sector lead to fundamental distortions and allocative
efficiency problems, and affect Belarusian costs or pricing structures
that are relevant to Commerce's antidumping analysis. Commerce's
analysis and reasoning in support of its conclusion are detailed in the
NME Analysis Memo.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(b) and 771(18)(C)(ii) of the Act.
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-23513 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P
