82 FR 12441 - Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 41 (March 3, 2017)
International Trade Administration
Federal Register Volume 82, Issue 41 (March 3, 2017)
| Page Range | 12441-12443 | |
| FR Document | 2017-04129 |
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)] [Notices] [Pages 12441-12443] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04129] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-805] Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from Spain. The period of review (POR) is March 1, 2015, through February 29, 2016. The review covers one producer/exporter of the subject merchandise, Gerdau Aceros Especiales Europa, S.L. (Gerdau). The Department preliminarily finds that subject merchandise has been sold in the United States at prices below normal value (NV) during the POR. DATES: Effective March 3, 2017. FOR FURTHER INFORMATION CONTACT: Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5260. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by this investigation is SSB from Spain. For a full description of the scope of the order, see Appendix I of this notice. Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.\1\ A list of the topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized [[Page 12442]] 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 B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar from Spain; 2015-2016'' (Preliminary Decision Memorandum) dated concurrently with this notice. --------------------------------------------------------------------------- Adverse Facts Available Because mandatory respondent Gerdau has failed to provide requested information, we preliminarily determine to apply adverse facts available (AFA) to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Preliminary Decision Memorandum. Preliminary Determination We preliminary determine that, for the period of March 1, 2015, through February 29, 2016, the following weighted-average dumping margin exists: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Gerdau Aceros Especiales Europa, S.L....................... 62.85 ------------------------------------------------------------------------ Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of the date of publication of the notice of preliminary determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied a dumping margin based on AFA, as described in the Preliminary Decision Memorandum, there is nothing further to disclose. This meets our regulatory obligation. Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.\2\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\3\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\4\ --------------------------------------------------------------------------- \2\ See 19 CFR 351.309(c)(ii). \3\ See 19 CFR 351.309(d). \4\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- 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, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard Time. Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If Gerdau's weight-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), we will calculate an importer-specific ad valorem antidumping duty assessment rate based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. If Gerdau's weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. In accordance with the Department's ``automatic assessment'' practice, for entries of subject merchandise during the POR produced by Gerdau for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Gerdau will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 25.77 percent, the all-others rate established in the investigation.\5\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from Spain, 59 FR 66931 (December 28, 1994). --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and increase the subsequent assessment of the antidumping duties by the amount of the antidumping duties reimburses. The preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. [[Page 12443]] Dated: February 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I The merchandise subject to the order is SSB. The term SSB with respect to the order means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold- drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut-length flat-rolled products (i.e., cut- length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The SSB subject to the order is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.\6\ --------------------------------------------------------------------------- \6\ The HTSUS numbers provided in the scope changed since the publication of the order. See Amended Final Determination and Antidumping Duty Order: Stainless Steel Bar from Spain, 60 FR 11656 (March 2, 1995). --------------------------------------------------------------------------- Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Use of Facts Available and Adverse Inferences 6. Conclusion [FR Doc. 2017-04129 Filed 3-2-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12441
on February 22, 2017. Furthermore, Dated: February 24, 2017. DEPARTMENT OF COMMERCE
section 737(b) of the Act states that Ronald K. Lorentzen,
definitive duties are to begin on the date Acting Assistant Secretary for Enforcement International Trade Administration
of publication of the ITC’s final injury and Compliance. [A–469–805]
determination.
Appendix Stainless Steel Bar From Spain:
Therefore, in accordance with section
733(d) of the Act and our practice, we The products covered by the scope are Preliminary Results of Antidumping
will instruct CBP to terminate the certain biaxial integral geogrid products. Duty Administrative Review; 2015–
suspension of liquidation and to Biaxial integral geogrid products are a 2016
liquidate, without regard to polymer grid or mesh material (whether or
AGENCY: Enforcement and Compliance,
antidumping duties, unliquidated not finished, slit, cut-to-length, attached to
International Trade Administration,
entries of geogrids from the PRC woven or non-woven fabric or sheet material,
Department of Commerce.
entered, or withdrawn from warehouse, or packaged) in which four-sided openings in
the form of squares, rectangles, rhomboids, SUMMARY: The Department of Commerce
for consumption after February 22,
2017, the date the provisional measures diamonds, or other four-sided figures (the Department) is conducting an
expired, until and through the day predominate. The products covered have administrative review of the
preceding the date of publication of the integral strands that have been stretched to antidumping duty order on stainless
ITC’s final injury determination in the induce molecular orientation into the steel bar (SSB) from Spain. The period
Federal Register. Suspension of material (as evidenced by the strands being of review (POR) is March 1, 2015,
liquidation will resume on the date of thinner in width toward the middle between through February 29, 2016. The review
publication of the ITC’s final the junctions than at the junctions covers one producer/exporter of the
determination in the Federal Register. themselves) constituting the sides of the subject merchandise, Gerdau Aceros
openings and integral junctions where the Especiales Europa, S.L. (Gerdau). The
Critical Circumstances strands intersect. The scope includes Department preliminarily finds that
products in which four-sided figures subject merchandise has been sold in
With regard to the ITC’s negative predominate whether or not they also contain the United States at prices below normal
critical circumstances determination on additional strands intersecting the four-sided value (NV) during the POR.
imports of geogrids from the PRC, we figures and whether or not the inside corners DATES: Effective March 3, 2017.
will instruct CBP to lift suspension and of the four-sided figures are rounded off or
to refund any cash deposits made to FOR FURTHER INFORMATION CONTACT:
not sharp angles. As used herein, the term Ryan Mullen, AD/CVD Operations,
secure the payment of estimated ‘‘integral’’ refers to strands and junctions that
antidumping duties with respect to Office V, Enforcement and Compliance,
are homogenous with each other. The
geogrids from the PRC entered, or International Trade Administration,
products covered have a tensile strength of
withdrawn from warehouse, for U.S. Department of Commerce, 1401
greater than 5 kilonewtons per meter (‘‘kN/
consumption on or after May 24, 2016 Constitution Avenue NW., Washington,
m’’) according to American Society for
(i.e., 90 days prior to the date of DC 20230; telephone: (202) 482–5260.
Testing and Materials (‘‘ASTM’’) Standard
publication of the Preliminary Test Method D6637/D6637M in any direction SUPPLEMENTARY INFORMATION:
Determination), but before August 22, and average overall flexural stiffness of more Scope of the Order
2016 (i.e., the date of publication of the than 100,000 milligram-centimeter according
Preliminary Determination). to the ASTM D7748/D7748M Standard Test
The product covered by this
Method for Flexural Rigidity of Geogrids, investigation is SSB from Spain. For a
However, for the one respondent,
Geotextiles and Related Products, or other full description of the scope of the
BOSTD, where we found critical
equivalent test method standards. order, see Appendix I of this notice.
circumstances at the Final
Determination, we will instruct CBP to Subject merchandise includes material Methodology
lift suspension and to refund any cash matching the above description that has been
finished, packaged, or otherwise further
The Department is conducting this
deposits made to secure payment of review in accordance with section
estimated antidumping duties with processed in a third country, including by
trimming, slitting, coating, cutting, punching 751(a)(1)(B) of the Tariff Act of 1930, as
respect to geogrids entered, or amended (the Act). For a full
withdrawn from warehouse, for holes, stretching, attaching to woven or non-
woven fabric or sheet material, or any other description of the methodology
consumption by BOSTD on or after underlying our conclusions, see the
October 13, 2016 (i.e., 90 days prior to finishing, packaging, or other further
processing that would not otherwise remove Preliminary Decision Memorandum.1 A
the date of publication of the Final list of the topics included in the
Determination), but before January 11, the merchandise from the scope of the
investigations if performed in the country of Preliminary Decision Memorandum is
2017 (i.e., the date of publication of the included as an appendix to this notice.
manufacture of the biaxial integral geogrid.
Final Determination). The Preliminary Decision Memorandum
The products subject to the scope are
Notification to Interested Parties currently classified in the Harmonized Tariff is a public document and is made
Schedule of the United States (‘‘HTSUS’’) available to the public via Enforcement
This notice constitutes the under the following subheading: and Compliance’s Antidumping and
antidumping duty order with respect to 3926.90.9995. Subject merchandise may also Countervailing Duty Centralized
geogrids from the PRC pursuant to enter under subheadings 3920.20.0050 and
section 736(a) of the Act. Interested 3925.90.0000. The HTSUS subheadings set 1 See Memorandum from James Maeder, Senior
mstockstill on DSK3G9T082PROD with NOTICES
parties can find a list of antidumping forth above are provided for convenience and Director, Office I, for Antidumping and
duty orders currently in effect at http:// Countervailing Duty Operations, to Ronald K.
U.S. Customs purposes only. The written Lorentzen, Acting Assistant Secretary for
enforcement.trade.gov/stats/ description of the scope is dispositive. Enforcement and Compliance, ‘‘Decision
iastats1.html. [FR Doc. 2017–04131 Filed 3–2–17; 8:45 am] Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review:
This order is issued and published in BILLING CODE 3510–DS–P Stainless Steel Bar from Spain; 2015–2016’’
accordance with section 736(a) of the (Preliminary Decision Memorandum) dated
Act and 19 CFR 351.211(b). concurrently with this notice.
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Dated: February 24, 2017. DEPARTMENT OF COMMERCE kris.kleinschmidt@noaa.gov or contact
Ronald K. Lorentzen, him, at 503–820–2280, extension 411 for
Acting Assistant Secretary for Enforcement National Oceanic and Atmospheric technical assistance.
and Compliance. Administration Council address: Pacific Fishery
Management Council, 7700 NE
Appendix I RIN 0648–XF254
Ambassador Place, Suite 101, Portland,
The merchandise subject to the order is Pacific Fishery Management Council; Oregon 97220.
SSB. The term SSB with respect to the order Public Meeting FOR FURTHER INFORMATION CONTACT: Ms.
means articles of stainless steel in straight Stacey Miller, NMFS Northwest
lengths that have been either hot-rolled, AGENCY: National Marine Fisheries Fisheries Science Center; telephone:
forged, turned, cold-drawn, cold-rolled or Service (NMFS), National Oceanic and 541–867–0535; or Mr. John DeVore,
otherwise cold-finished, or ground, having a Atmospheric Administration (NOAA), Staff Officer, Pacific Council; telephone:
uniform solid cross section along their whole Commerce. 503–820–2280.
length in the shape of circles, segments of ACTION: Notice of a public meeting. SUPPLEMENTARY INFORMATION:
circles, ovals, rectangles (including squares),
SUMMARY: The Pacific Fishery Agenda
triangles, hexagons, octagons or other convex
polygons. SSB includes cold-finished SSBs Management Council (Pacific Council) The purpose of the pre-assessment
that are turned or ground in straight lengths, will convene a pre-assessment workshop is to review proposed data
whether produced from hot-rolled bar or workshop to review proposed data and inputs, modeling approaches, and any
from straightened and cut rod or wire, and modeling approaches for groundfish other pertinent information for new
reinforcing bars that have indentations, ribs, stock assessments scheduled for benchmark stock assessments for
grooves, or other deformations produced assessment this year. The pre- lingcod, yelloweye rockfish, yellowtail
during the rolling process. Except as assessment workshop is open to the rockfish, and blue/deacon rockfishes.
specified above, the term does not include public. The workshop will also be There may be limited discussion of
stainless steel semi-finished products, cut- streamed online via Webinar to facilitate assessments for Pacific ocean perch and
length flat-rolled products (i.e., cut-length remote participation. California scorpionfish, which are
rolled products which if less than 4.75 mm DATES: The pre-assessment workshop scheduled benchmark assessments this
in thickness have a width measuring at least will be held on Tuesday, March 21, year; however, these stock assessments
10 times the thickness, or if 4.75 mm or more 2017 from 1 p.m. until 5:30 p.m., or will not be the focus of the workshop.
in thickness having a width which exceeds when business for the day has been The goal of the pre-assessment
150 mm and measures at least twice the completed. The workshop will workshop is to promote dialogue about
thickness), wire (i.e., cold-formed products in reconvene on Wednesday, March 22, and a common understanding between
coils, of any uniform solid cross section 2017 beginning at 8:30 a.m. and end on assessment teams and data providers of
along their whole length, which do not Thursday, March 23, 2017 at 5:30 p.m. the best data and analytical and
conform to the definition of flat-rolled modeling approaches for use in
ADDRESSES: The pre-assessment
products), and angles, shapes and sections. conducting the benchmark groundfish
workshop will be held in the large
The SSB subject to the order is currently assessments scheduled for 2017. No
conference room at the Pacific Fishery
classifiable under subheadings 7222.10.00, management actions will be decided by
7222.11.00, 7222.19.00, 7222.20.00,
Management Council office, 7700 NE the workshop participants.
7222.30.00 of the Harmonized Tariff
Ambassador Place, Suite 101, Portland, Although nonemergency issues not
Schedule of the United States (HTSUS). OR 97220; telephone: 503–820–2280. contained in the workshop agenda may
Although the HTSUS subheadings are Public listening stations will be be discussed, those issues may not be
provided for convenience and customs available at the Pacific Council office, as the subject of formal action during this
purposes, the written description of the well as the following locations: workshop. Action will be restricted to
scope of the order is dispositive.6 National Marine Fisheries Service, those issues specifically listed in this
Southwest Fisheries Science Center, notice and any issues arising after
Appendix II—List of Topics Room 188, 110 McAllister Way, Santa publication of this notice that require
Discussed in the Preliminary Decision Cruz, CA 95060; telephone: 831–420– emergency action under section 305(c)
Memorandum 3947. of the Magnuson-Stevens Fishery
Oregon Department of Fish and Conservation and Management Act,
1. Summary
Wildlife, Main Conference Room, 2040 provided the public has been notified of
2. Background
SE Marine Science Drive, Newport, OR the intent of the workshop participants
3. Scope of the Order
97365; telephone: 541–867–4741. to take final action to address the
4. Use of Facts Available and Adverse
To attend the Webinar, visit: http:// emergency.
Inferences
www.gotomeeting.com/online/Webinar/ Visitors who are foreign nationals
6. Conclusion
join-Webinar. Enter the Webinar ID, (defined as a person who is not a citizen
[FR Doc. 2017–04129 Filed 3–2–17; 8:45 am] which is 848–202–715, and your name or national of the United States) will
BILLING CODE 3510–DS–P and email address (required). After require additional security clearance to
logging into the Webinar, dial this TOLL access the NMFS Southwest Fisheries
number 1 + (213) 929–4232 (not a toll- Science center facility. Foreign national
free number), then enter the Attendee visitors should contact Ms. Stacey
phone audio access code: 548–202–793,
mstockstill on DSK3G9T082PROD with NOTICES
Miller, at 541–867–0535 at least two
then enter your audio phone pin (shown weeks prior to the meeting date to
after joining the Webinar). NOTE: We initiate the security clearance process.
6 The HTSUS numbers provided in the scope
have disabled Mic/Speakers on
GoToMeeting as an option and require Technical Information and System
changed since the publication of the order. See Requirements
Amended Final Determination and Antidumping all participants to use a telephone or
Duty Order: Stainless Steel Bar from Spain, 60 FR cell phone to participate. You may send PC-based attendees: Windows® 7,
11656 (March 2, 1995). an email to Mr. Kris Kleinschmidt, at Vista, or XP operating system required.
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Document Created: 2018-02-01 14:45:54
Document Modified: 2018-02-01 14:45:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 3, 2017. | |
| Contact | Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5260. | |
| FR Citation | 82 FR 12441 |
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