Stainless Steel Wire Rod From the Republic of Korea: Initiation of Circumvention Inquiry of Antidumping Duty Order, 5468-5470 [2022-01992]

Download as PDF 5468 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Notices following AD and CVD order(s) and suspended investigation(s): DOC case No. A–570–049 A–570–038 A–580–899 A–570–036 A–533–869 C–570–050 C–570–039 C–570–037 C–533–870 ........ ........ ........ ........ ........ ........ ........ ........ ........ ITC case No. Country Product Commerce contact 731–TA–1329 731–TA–1310 731–TA–1091 731–TA–1309 731–TA–1308 701–TA–562 701–TA–555 701–TA–554 701–TA–552 China ................ China ................ China ................ China ................ India .................. China ................ China ................ China ................ India .................. Ammonium Sulfate (1st Review) ............................. Amorphous Silica Fabric (1st Review) .................... Artist Canvas (3rd Review) ..................................... Biaxial Integral Geogrid Products (1st Review) ...... Off-The-Road Tires (1st Review) ............................ Ammonium Sulfate (1st Review) ............................. Amorphous Silica Fabric (1st Review) .................... Biaxial Integral Geogrid Products (1st Review) ...... Off-The-Road Tires (1st Review) ............................ Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Mary Kolberg, (202) 482–1785. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. tkelley on DSK125TN23PROD with NOTICE Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on Commerce’s website at the following address: https://enforcement. trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. In accordance with section 782(b) of the Act, any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. Parties must use the certification formats provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Letters of Appearance and Administrative Protective Orders Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative VerDate Sep<11>2014 17:19 Jan 31, 2022 Jkt 256001 protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.2 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 2 See 19 CFR 351.218(d)(1)(iii). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: January 18, 2022. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2022–02026 Filed 1–31–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–829] Stainless Steel Wire Rod From the Republic of Korea: Initiation of Circumvention Inquiry of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to an allegation of circumvention from North American Stainless (NAS), the Department of Commerce (Commerce) is initiating a country-wide circumvention inquiry to determine whether imports of stainless steel round wire (SS round wire) from the Socialist Republic of Vietnam (Vietnam) are circumventing the antidumping duty (AD) order on stainless steel wire rod (SSWR) from the Republic of Korea (Korea). DATES: Applicable February 1, 2022. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, AGENCY: E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Notices U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3477. Scope of the Order For a complete description of the scope of the Order, see Appendix I. SUPPLEMENTARY INFORMATION: Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers SSWR from Korea that has been colddrawn and further processed into SS round wire in Vietnam and exported into the United States. Background tkelley on DSK125TN23PROD with NOTICE On May 18, 2021, NAS, a domestic producer of SSWR requested that Commerce initiate a circumvention inquiry proceeding, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225(i), to determine whether SS round wire from Vietnam involves a minor alteration to subject merchandise, such that it should be subject to the order 1 on SSWR from Korea.2 On July 12, 2021, we issued a supplemental questionnaire.3 On July 26, 2021, NAS responded to our supplemental questionnaire.4 On July 2, 2021, August 12, 2021, and again on September 22, 2021, we extended the deadline by 45 days respectively, to determine whether to initiate the circumvention allegation.5 Because we granted NAS an extension of time to respond to Commerce’s second supplemental questionnaire response, on November 10, 2021, we determined that additional time was required to review and assess NAS’s request for Commerce to determine whether to initiate a circumvention inquiry and, therefore, extended the deadline by 60 days, until January 14, 2022. On November 19, 2021, NAS responded to our second supplemental questionnaire.6 On January 4, 2022, we extended the deadline by 14 days, until January 28, 2022.7 1 See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Korea, 63 FR 49331 (September 15, 1998) (Order). 2 See NAS’s Letter, ‘‘Stainless Steel Wire Rod from the Republic of Korea—Request for Circumvention Ruling Pursuant to Section 781(c),’’ dated May 18, 2021 (Circumvention Allegation). 3 See Commerce’s Letter, ‘‘Request for Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order on Stainless Steel Wire Rod from the Republic of Korea: Supplemental Questionnaire,’’ dated July 12, 2021. 4 See NAS’s Letter, ‘‘Stainless Steel Wire Rod from Korea—NAS’s Response to the Department’s Supplemental Questionnaire,’’ dated July 26, 2021. 5 See Memoranda, ‘‘Stainless Steel Wire Rod from the Republic of Korea: Extension of Time to Determine Whether to Initiate Anti-Circumvention Inquiry,’’ dated July 2, 2021, August 12, 2021, and September 22, 2021. 6 See NAS’ Letter, ‘‘Stainless Steel Wire Rod from Korea—NAS’ Response to the Department’s 2nd Supplemental Questionnaire,’’ dated November 19, 2021. 7 See Memorandum, ‘‘Stainless Steel Wire Rod from the Republic of Korea: Extension of Time to Determine Whether to Initiate Anti-Circumvention Inquiry,’’ dated January 4, 2022. VerDate Sep<11>2014 17:19 Jan 31, 2022 Jkt 256001 Legal Framework Section 781(c) of the Act provides that Commerce may find circumvention of an AD or countervailing duty (CVD) order when products which are of the class or kind as merchandise subject to an AD or CVD order have been ‘‘altered in form or appearance in minor respects . . . whether or not included in the same tariff classification.’’ Section 781(c)(2) of the Act provides an exception that ‘‘{p}aragraph 1 shall not apply with respect to altered merchandise if the administering determines that it would be unnecessary to consider the altered merchandise within the scope of the {order}.’’ While the Act is silent as to what factors to consider in determining whether alterations are properly considered ‘‘minor,’’ the legislative history of this provision indicates that there are certain factors that should be considered before reaching a circumvention determination. In conducting a circumvention inquiry under section 781(c) of the Act, Commerce has generally relied upon ‘‘such criteria as the overall physical characteristics of the merchandise, the expectations of the ultimate users, the use of the merchandise, the channels of marketing and the cost of any modification relative to the total value of the imported products.’’ 8 Concerning the allegation of minor alteration under section 781(c) of the Act and 19 CFR 351.225(i), Commerce examines such factors as: (1) Overall physical characteristics; (2) expectations of ultimate users; (3) use of merchandise; (4) channels of marketing; and (5) cost of any modification relative to the value of the imported products.9 Analysis After analyzing the record evidence and the petitioner’s allegation, we determine that there is sufficient 8 See Certain Vertical Shaft Engines Between 99c and Up To 225c, and Parts Thereof, from the People’s Republic of China: Initiation of AntiCircumvention Inquiry of Antidumping and Countervailing Duty Orders—600cc Up To 99cc Engines, 86 FR 51866 (September 17, 2021). 9 Id.; see also Deacero S.A. de C.V. v. United States, 817 F.3d 1332 (Fed. Cir. 2016). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 5469 information to at minimum warrant the initiation of a minor alterations circumvention inquiry, pursuant to section 781(c) of the Act and 19 CFR 351.225(i).10 For a full discussion of the basis for our decision to initiate a minor alterations circumvention inquiry, see the Initiation Decision Memorandum.11 The Initiation Decision Memorandum 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 Initiation Decision Memorandum is available at https:// access.trade.gov/public/FRNotices ListLayout.aspx. As explained in the Initiation Decision Memorandum, the information provided by NAS warrants initiating this circumvention inquiry on a country-wide basis. Commerce has taken this approach in prior circumvention inquiries, where the facts warranted initiation on a country-wide basis.12 Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to issue questionnaires to solicit information from producers and exporters in Vietnam concerning their shipments of SS round wire to the United States made from SSWR produced in Korea. A company’s failure to respond completely to Commerce’s requests for information may result in the application of partial or total facts available, pursuant to section 776(a) of the Act, which may include adverse 10 See Memorandum, ‘‘Decision Memorandum for Initiation of -Circumvention Inquiry,’’ dated concurrently with, and hereby adopted by, this notice (Initiation Decision Memorandum). The record evidence necessary for initiating a circumvention inquiry differ from a determination of circumvention. See also, e.g., Hydrofluorocarbon Blends from the People’s Republic of China; Initiation of the Anticircumvention Inquiry of Antidumping Duty Order; Components, 84 FR 28273 (June 18, 2019). 11 Id. 12 See, e.g., Certain Corrosion-Resistant Steel Products from the Republic of Korea and Taiwan: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 FR 37785 (August 2, 2018); Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at initiation that Commerce would evaluate the extent to which a country-wide finding applicable to all exports might be warranted). E:\FR\FM\01FEN1.SGM 01FEN1 5470 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Notices inferences, pursuant to section 776(b) of the Act. Conclusion Commerce will determine whether the merchandise subject to the inquiry (as described in the ‘‘Merchandise Subject to the Circumvention Inquiry’’ section above) is circumventing the Order such that it should be included within the scope of the Order, pursuant to section 781(c) of the Act and 19 CFR 351.225(i). In accordance with 19 CFR 351.225(1)(2), if Commerce issues a preliminary affirmative determination, we will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the merchandise at issue entered or withdrawn from warehouse for consumption on or after the date of initiation of the inquiry. Commerce will establish a schedule for questionnaires and comments on the issues related to the inquiry. In accordance with section 781(f) of the Act, to the maximum extent practicable, Commerce intends to issue its final determination within 300 days of the date of publication of this initiation. Notification to Interested Parties This notice is published in accordance with sections 781(c) of the Act and 19 CFR 351.225(i). Dated: January 26, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. tkelley on DSK125TN23PROD with NOTICE Jkt 256001 K–M35FL Carbon—0.015 max Silicon—0.70/1.00 Manganese—0.40 max Phosphorous—0.04 max Sulfur—0.03 max Nickel—0.30 max Chromium—12.50/14.00 Lead—0.10/0.30 Aluminum—0.20/0.35 The products subject to this order are currently classifiable under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the Circumvention Inquiry V. Legal Framework VI. Analysis VII. Country-Wide Circumvention Inquiries VIII. Recommendation BILLING CODE 3510–DS–P Stainless Steel Wire Rod, which comprises products that are hot-rolled or hot-rolled annealed and/or pickled and/or descaled rounds, squares, octagons, hexagons or other shapes, in coils, that may also be coated with a lubricant containing copper, lime or oxalate. SSWR is made of alloy steels containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. These products are manufactured only by hot-rolling or hot-rolling, annealing, and/or pickling and/or descaling, are normally sold in coiled form, and are of solid cross-section. The majority of SSWR sold in the United States is round in cross-sectional shape, annealed and pickled, and later cold-finished into stainless steel wire or small-diameter bar. The most common size for such products is 5.5 millimeters or 0.217 inches in diameter, which represents the smallest size that normally is produced on a rolling mill and is the size that most wire-drawing machines are set up to draw. The range of SSWR sizes normally sold in the United States is between 0.20 inches and 1.312 17:19 Jan 31, 2022 SF20T Carbon—0.05 max Manganese—2.00 max Phosphorous—0.05 max Sulfur—0.15 max Silicon—1.00 max Chromium—19.00/21.00 Molybdenum—1.50/2.50 Lead—added (0.10/0.30) Tellurium—added (0.03 min) [FR Doc. 2022–01992 Filed 1–31–22; 8:45 am] Appendix I—Scope of the Order VerDate Sep<11>2014 inches diameter. Two stainless steel grades, SF20T and K–M35FL, are excluded from the scope of the investigation. The chemical makeup for the excluded grades is as follows: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB730] Advisory Committee Open Session on Management Strategy Evaluation for Atlantic Bluefin Tuna National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of meeting. AGENCY: NMFS is holding a public meeting via webinar for the Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) and all interested stakeholders to receive an update and provide input on SUMMARY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 the development of the management strategy evaluation for Atlantic bluefin tuna. DATES: A virtual meeting that is open to the public will be held on February 25, 2022, from 1:30 p.m. to 3 p.m. EST. ADDRESSES: Please register to attend the meeting at: https://forms.gle/ f8L6jxsmstXRC2b47. Registration will close on February 24, 2022, at 5 p.m. EST. Instructions for accessing the virtual meeting will be emailed to registered participants. FOR FURTHER INFORMATION CONTACT: Bryan Keller, Office of International Affairs and Seafood Inspection, (301) 427–7725 or at Bryan.Keller@noaa.gov. SUPPLEMENTARY INFORMATION: Management strategy evaluation (MSE) is a process that allows fishery managers and stakeholders (e.g., industry, scientists, and non-governmental organizations) to assess how well different strategies achieve specified management objectives for a fishery. After several years of work, ICCAT expects to finalize its bluefin tuna MSE in 2022 and anticipates adopting a management procedure in November 2022 to set Total Allowable Catch (TACs) for 2023 and future years for both the western Atlantic and eastern Atlantic and Mediterranean stocks of bluefin tuna. NMFS and the United States more broadly participate in this MSE development process and have been engaging stakeholders and considering their input throughout the process through various means, including consultation with the Advisory Committee to the U.S. Section to ICCAT. The United States also participates in the development of the bluefin tuna MSE through active engagement by U.S. scientists in ICCAT’s Standing Committee on Research and Statistics (SCRS). The February 25 meeting is intended to update stakeholders and solicit their input on the MSE approach being developed by ICCAT. This includes SCRS progress in developing initial candidate management procedures (CMPs) illustrating potential management tradeoffs and the related process by ICCAT to refine management objectives to assist the SCRS in further refining and narrowing those CMPs. This open session Advisory Committee meeting is primarily informational in nature and intended to increase the opportunity for stakeholder awareness and input on the bluefin tuna MSE process. Discussions at the meeting will help to inform U.S. scientists who are participating in work of the SCRS. In addition, while no binding decisions or formal, consensus-based E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5468-5470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-829]


Stainless Steel Wire Rod From the Republic of Korea: Initiation 
of Circumvention Inquiry of Antidumping Duty Order

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

SUMMARY: In response to an allegation of circumvention from North 
American Stainless (NAS), the Department of Commerce (Commerce) is 
initiating a country-wide circumvention inquiry to determine whether 
imports of stainless steel round wire (SS round wire) from the 
Socialist Republic of Vietnam (Vietnam) are circumventing the 
antidumping duty (AD) order on stainless steel wire rod (SSWR) from the 
Republic of Korea (Korea).

DATES: Applicable February 1, 2022.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration,

[[Page 5469]]

U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3477.

SUPPLEMENTARY INFORMATION:

Background

    On May 18, 2021, NAS, a domestic producer of SSWR requested that 
Commerce initiate a circumvention inquiry proceeding, pursuant to 
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.225(i), to determine whether SS round wire from Vietnam 
involves a minor alteration to subject merchandise, such that it should 
be subject to the order \1\ on SSWR from Korea.\2\ On July 12, 2021, we 
issued a supplemental questionnaire.\3\ On July 26, 2021, NAS responded 
to our supplemental questionnaire.\4\ On July 2, 2021, August 12, 2021, 
and again on September 22, 2021, we extended the deadline by 45 days 
respectively, to determine whether to initiate the circumvention 
allegation.\5\ Because we granted NAS an extension of time to respond 
to Commerce's second supplemental questionnaire response, on November 
10, 2021, we determined that additional time was required to review and 
assess NAS's request for Commerce to determine whether to initiate a 
circumvention inquiry and, therefore, extended the deadline by 60 days, 
until January 14, 2022. On November 19, 2021, NAS responded to our 
second supplemental questionnaire.\6\ On January 4, 2022, we extended 
the deadline by 14 days, until January 28, 2022.\7\
---------------------------------------------------------------------------

    \1\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Stainless Steel 
Wire Rod from Korea, 63 FR 49331 (September 15, 1998) (Order).
    \2\ See NAS's Letter, ``Stainless Steel Wire Rod from the 
Republic of Korea--Request for Circumvention Ruling Pursuant to 
Section 781(c),'' dated May 18, 2021 (Circumvention Allegation).
    \3\ See Commerce's Letter, ``Request for Initiation of Anti-
Circumvention Inquiry of Antidumping Duty Order on Stainless Steel 
Wire Rod from the Republic of Korea: Supplemental Questionnaire,'' 
dated July 12, 2021.
    \4\ See NAS's Letter, ``Stainless Steel Wire Rod from Korea--
NAS's Response to the Department's Supplemental Questionnaire,'' 
dated July 26, 2021.
    \5\ See Memoranda, ``Stainless Steel Wire Rod from the Republic 
of Korea: Extension of Time to Determine Whether to Initiate Anti-
Circumvention Inquiry,'' dated July 2, 2021, August 12, 2021, and 
September 22, 2021.
    \6\ See NAS' Letter, ``Stainless Steel Wire Rod from Korea--NAS' 
Response to the Department's 2nd Supplemental Questionnaire,'' dated 
November 19, 2021.
    \7\ See Memorandum, ``Stainless Steel Wire Rod from the Republic 
of Korea: Extension of Time to Determine Whether to Initiate Anti-
Circumvention Inquiry,'' dated January 4, 2022.
---------------------------------------------------------------------------

Scope of the Order

    For a complete description of the scope of the Order, see Appendix 
I.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers SSWR from Korea that has been 
cold-drawn and further processed into SS round wire in Vietnam and 
exported into the United States.

Legal Framework

    Section 781(c) of the Act provides that Commerce may find 
circumvention of an AD or countervailing duty (CVD) order when products 
which are of the class or kind as merchandise subject to an AD or CVD 
order have been ``altered in form or appearance in minor respects . . . 
whether or not included in the same tariff classification.'' Section 
781(c)(2) of the Act provides an exception that ``{p{time} aragraph 1 
shall not apply with respect to altered merchandise if the 
administering determines that it would be unnecessary to consider the 
altered merchandise within the scope of the {order{time} .''
    While the Act is silent as to what factors to consider in 
determining whether alterations are properly considered ``minor,'' the 
legislative history of this provision indicates that there are certain 
factors that should be considered before reaching a circumvention 
determination. In conducting a circumvention inquiry under section 
781(c) of the Act, Commerce has generally relied upon ``such criteria 
as the overall physical characteristics of the merchandise, the 
expectations of the ultimate users, the use of the merchandise, the 
channels of marketing and the cost of any modification relative to the 
total value of the imported products.'' \8\ Concerning the allegation 
of minor alteration under section 781(c) of the Act and 19 CFR 
351.225(i), Commerce examines such factors as: (1) Overall physical 
characteristics; (2) expectations of ultimate users; (3) use of 
merchandise; (4) channels of marketing; and (5) cost of any 
modification relative to the value of the imported products.\9\
---------------------------------------------------------------------------

    \8\ See Certain Vertical Shaft Engines Between 99c and Up To 
225c, and Parts Thereof, from the People's Republic of China: 
Initiation of Anti-Circumvention Inquiry of Antidumping and 
Countervailing Duty Orders--600cc Up To 99cc Engines, 86 FR 51866 
(September 17, 2021).
    \9\ Id.; see also Deacero S.A. de C.V. v. United States, 817 
F.3d 1332 (Fed. Cir. 2016).
---------------------------------------------------------------------------

Analysis

    After analyzing the record evidence and the petitioner's 
allegation, we determine that there is sufficient information to at 
minimum warrant the initiation of a minor alterations circumvention 
inquiry, pursuant to section 781(c) of the Act and 19 CFR 
351.225(i).\10\ For a full discussion of the basis for our decision to 
initiate a minor alterations circumvention inquiry, see the Initiation 
Decision Memorandum.\11\ The Initiation Decision Memorandum 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 Initiation 
Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx. As explained in the Initiation Decision 
Memorandum, the information provided by NAS warrants initiating this 
circumvention inquiry on a country-wide basis. Commerce has taken this 
approach in prior circumvention inquiries, where the facts warranted 
initiation on a country-wide basis.\12\
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Decision Memorandum for Initiation of -
Circumvention Inquiry,'' dated concurrently with, and hereby adopted 
by, this notice (Initiation Decision Memorandum). The record 
evidence necessary for initiating a circumvention inquiry differ 
from a determination of circumvention. See also, e.g., 
Hydrofluorocarbon Blends from the People's Republic of China; 
Initiation of the Anticircumvention Inquiry of Antidumping Duty 
Order; Components, 84 FR 28273 (June 18, 2019).
    \11\ Id.
    \12\ See, e.g., Certain Corrosion-Resistant Steel Products from 
the Republic of Korea and Taiwan: Initiation of Anti-Circumvention 
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 83 
FR 37785 (August 2, 2018); Carbon Steel Butt-Weld Pipe Fittings from 
the People's Republic of China: Initiation of Anti-Circumvention 
Inquiry on the Antidumping Duty Order, 82 FR 40556, 40560 (August 
25, 2017) (stating at initiation that Commerce would evaluate the 
extent to which a country-wide finding applicable to all exports 
might be warranted); and Certain Corrosion-Resistant Steel Products 
from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing 
Duty Orders, 81 FR 79454, 79458 (November 14, 2016) (stating at 
initiation that Commerce would evaluate the extent to which a 
country-wide finding applicable to all exports might be warranted).
---------------------------------------------------------------------------

    Consistent with the approach in the prior circumvention inquiries 
that were initiated on a country-wide basis, Commerce intends to issue 
questionnaires to solicit information from producers and exporters in 
Vietnam concerning their shipments of SS round wire to the United 
States made from SSWR produced in Korea. A company's failure to respond 
completely to Commerce's requests for information may result in the 
application of partial or total facts available, pursuant to section 
776(a) of the Act, which may include adverse

[[Page 5470]]

inferences, pursuant to section 776(b) of the Act.

Conclusion

    Commerce will determine whether the merchandise subject to the 
inquiry (as described in the ``Merchandise Subject to the Circumvention 
Inquiry'' section above) is circumventing the Order such that it should 
be included within the scope of the Order, pursuant to section 781(c) 
of the Act and 19 CFR 351.225(i).
    In accordance with 19 CFR 351.225(1)(2), if Commerce issues a 
preliminary affirmative determination, we will then instruct U.S. 
Customs and Border Protection to suspend liquidation and require a cash 
deposit of estimated duties, at the applicable rate, for each 
unliquidated entry of the merchandise at issue entered or withdrawn 
from warehouse for consumption on or after the date of initiation of 
the inquiry.
    Commerce will establish a schedule for questionnaires and comments 
on the issues related to the inquiry. In accordance with section 781(f) 
of the Act, to the maximum extent practicable, Commerce intends to 
issue its final determination within 300 days of the date of 
publication of this initiation.

Notification to Interested Parties

    This notice is published in accordance with sections 781(c) of the 
Act and 19 CFR 351.225(i).

    Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Order

    Stainless Steel Wire Rod, which comprises products that are hot-
rolled or hot-rolled annealed and/or pickled and/or descaled rounds, 
squares, octagons, hexagons or other shapes, in coils, that may also 
be coated with a lubricant containing copper, lime or oxalate. SSWR 
is made of alloy steels containing, by weight, 1.2 percent or less 
of carbon and 10.5 percent or more of chromium, with or without 
other elements. These products are manufactured only by hot-rolling 
or hot-rolling, annealing, and/or pickling and/or descaling, are 
normally sold in coiled form, and are of solid cross-section. The 
majority of SSWR sold in the United States is round in cross-
sectional shape, annealed and pickled, and later cold-finished into 
stainless steel wire or small-diameter bar.
    The most common size for such products is 5.5 millimeters or 
0.217 inches in diameter, which represents the smallest size that 
normally is produced on a rolling mill and is the size that most 
wire-drawing machines are set up to draw. The range of SSWR sizes 
normally sold in the United States is between 0.20 inches and 1.312 
inches diameter. Two stainless steel grades, SF20T and K-M35FL, are 
excluded from the scope of the investigation. The chemical makeup 
for the excluded grades is as follows:

SF20T

Carbon--0.05 max
Manganese--2.00 max
Phosphorous--0.05 max
Sulfur--0.15 max
Silicon--1.00 max
Chromium--19.00/21.00
Molybdenum--1.50/2.50
Lead--added (0.10/0.30)
Tellurium--added (0.03 min)

K-M35FL

Carbon--0.015 max
Silicon--0.70/1.00
Manganese--0.40 max
Phosphorous--0.04 max
Sulfur--0.03 max
Nickel--0.30 max
Chromium--12.50/14.00
Lead--0.10/0.30
Aluminum--0.20/0.35

    The products subject to this order are currently classifiable 
under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 
7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the merchandise is dispositive.

Appendix II

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Legal Framework
VI. Analysis
VII. Country-Wide Circumvention Inquiries
VIII. Recommendation

[FR Doc. 2022-01992 Filed 1-31-22; 8:45 am]
BILLING CODE 3510-DS-P