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 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 http:// access.trade.gov. In addition, a complete version of the NME Analysis Memo can be accessed directly on the internet at http://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]


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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\
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    \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 http://access.trade.gov. In addition, a complete version of the NME Analysis 
Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. 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