82_FR_12839 82 FR 12796 - Steel Concrete Reinforcing Bar From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value

82 FR 12796 - Steel Concrete Reinforcing Bar From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range12796-12798
FR Document2017-04415

The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from Japan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016. The estimated dumping margins of sales at LTFV are listed in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 82 Issue 43 (Tuesday, March 7, 2017)
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12796-12798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04415]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-876]


Steel Concrete Reinforcing Bar From Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that steel concrete reinforcing bar (rebar) from Japan is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is July 1, 2015, 
through June 30, 2016. The estimated dumping margins of sales at LTFV 
are listed in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective March 7, 2017.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3870.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on October 18, 
2016.\1\ For a complete

[[Page 12797]]

description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum, dated 
concurrently with this determination and hereby adopted by this 
notice.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and 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 can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
version are identical in content.
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    \1\ See Steel Concrete Reinforcing Bar From Japan, Taiwan and 
the Republic of Turkey: Initiation of Less-Than-Fair Value 
Investigations, 81 FR 71697 (October 18, 2016) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Steel 
Concrete Reinforcing Bar From Japan'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is rebar from Japan. For 
a complete description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. However, because the investigation pertains to rebar 
from Japan, the Department preliminarily modified the scope language as 
it appeared in the Initiation Notice to remove the language pertaining 
to the scope of the countervailing duty investigation of rebar from 
Turkey. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Both mandatory respondents, Jonan Steel 
Corporation (Jonan) and Kyoei Steel Ltd. (Kyoei), failed to participate 
in this investigation by not responding to the Deparment's initial 
questionnaire.\5\ As a result, pursuant to section 776(a) and (b) of 
the Act and 19 CFR 351.308, the Department has preliminarily relied 
upon facts otherwise available, with adverse inferences, to assign an 
estimated weighted-average dumping margin to the Jonan and Kyoei. For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.
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    \5\ See Preliminary Decision Memorandum.
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All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, 
in the preliminary determination, the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually investigated, which shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely under section 776 of the Act, the Department may use any 
reasonable method to establish the estimated dumping margin for all 
other producers or exporters.
    As noted above, we determined the dumping margin for the 
individually examined companies Jonan and Kyoei under section 776 of 
the Act. Consequently, the only available dumping margins for this 
preliminary determination are found in the petition and are margins 
upon which we initiated this investigation. Pursuant to section 
735(c)(5)(B) of the Act, the Department's practice under these 
circumstances has been to calculate the ``all-others''' rate as a 
simple average of these margins from the petition.\6\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \6\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite From the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
From the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets From Taiwan, 73 FR 39673, 39674 (July 
10, 2008); Steel Threaded Rod From Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod From 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that rebar from Japan is 
being, or is likely to be, sold in the United States at LTFV, pursuant 
to section 733 of the Act, and that the following weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Jonan Steel Corporation.....................................      209.46
Kyoei Steel Ltd.............................................      209.46
All-Others..................................................      206.43
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of subject merchandise as described in the 
``scope of the investigation'' section of this notice entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as discussed 
below.\7\ Further, pursuant to section 733(d)(1)(B) of the Act and 19 
CFR 351.205(d), the Department will instruct CBP to require a cash 
deposit equal to the dumping margins, as indicated in the chart above, 
as follows: (1) The rate for the mandatory respondents listed above 
will be the respondent-specific rates we determined in this preliminary 
determination; (2) if the exporter is not a mandatory respondent 
identified above, but the producer is, the rate will be the specific 
rate established for the producer of the subject merchandise; and (3) 
the rate for all other producers or exporters will be the ``all-
others'' rate. This suspension of liquidation instruction will remain 
in effect until further notice.\8\
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    \7\ See Appendix I.
    \8\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of its public announcement or, if

[[Page 12798]]

there is no public announcement, within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
However, because the Department preliminarily applied AFA to both Jonan 
and Kyoei, in accordance with section 776 of the Act, there are no 
calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by the Department and the Department 
preliminarily determines each of the mandatory respondents to have been 
uncooperative, verification will not be conducted.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
30 days after the date of publication of this notice, and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for case briefs.\9\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. All documents must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety by ACCESS by 5 p.m. 
Eastern Standard Time on the date the document is due.
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    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, 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.\10\ Requests should 
contain the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, 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,\11\ at a 
time and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \10\ See 19 CFR 351.310(c).
    \11\ Id.
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Final Determination

    In accordance with Section 735(a)(1) of the Act and 19 CFR 
351.210(b)(1), we will make the final determination no later than 75 
days after the signature date of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Trade Commission (ITC) of our preliminary determination. 
If our final determination is affirmative, the ITC will determine 
before the later of 120 days after the date of this preliminary 
determination or 45 days after our final determination whether these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation is steel concrete 
reinforcing bar imported in either straight length or coil form 
(rebar) regardless of metallurgy, length, diameter, or grade or lack 
thereof. Subject merchandise includes deformed steel wire with bar 
markings (e.g., mill mark, size, or grade) and which has been 
subjected to an elongation test.
    The subject merchandise includes rebar that has been further 
processed in the subject country or a third country, including but 
not limited to cutting, grinding, galvanizing, painting, coating, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigation if performed in the country of 
manufacture of the rebar.
    Specifically excluded are plain rounds (i.e., nondeformed or 
smooth rebar). Also excluded from the scope is deformed steel wire 
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, 
size, or grade) and without being subject to an elongation test.
    The subject merchandise is classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) primarily under item numbers 
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject 
merchandise may also enter under other HTSUS numbers including 
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
    HTSUS numbers are provided for convenience and customs purposes; 
however, the written description of the scope remains dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Available with Adverse Inferences
    A. Application of Facts Available
    B. Use of Adverse Inferences
    C. Selection and Corroboration of the AFA Rate
VI. All-Others Rate
VII. Verification
VIII. Conclusion

[FR Doc. 2017-04415 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                12796                          Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

                                                transactions. In addition, the                          date of this notice, as provided by                     6. Preliminary Determination of No
                                                Department will calculate an estimated                  section 751(a)(2)(C) of the Act: (1) For                      Shipments
                                                ad valorem importer-specific                            the exporters listed above, the cash                    7. Selection of Respondents
                                                                                                                                                                8. Single Entity Treatment
                                                assessment rate to determine whether                    deposit rate will be equal to the
                                                                                                                                                                9. Discussion of the Methodology
                                                this rate is de minimis, however, the                   weighted-average dumping margin                            a. Non-Market Economy Country
                                                Department will direct CBP to assess                    established in the final results of this                   b. Separate Rates
                                                importer-specific assessment rates based                review (except, if the rate is de minimis                  c. Rate for Non-Examined, Separate Rate
                                                on the resulting per-unit rates.15 Where                (i.e., less than 0.5 percent), then the cash                  Respondents
                                                an importer-specific ad valorem                         deposit rate will be zero for that                         d. Application of Facts Available
                                                assessment rate is not zero or de                       exporter); (2) for previously investigated                 e. Surrogate Country Selection
                                                                                                        or reviewed PRC and non-PRC exporters                      f. Date of Sale
                                                minimis, the Department will instruct
                                                                                                                                                                   g. Fair Value Comparisons
                                                CBP to collect the appropriate duties at                not listed above that have separate rates,                 h. U.S. Price
                                                the time of liquidation. Where either the               the cash deposit rate will continue to be                  i. Normal Value
                                                respondent’s weighted average dumping                   the exporter-specific rate published for                   j. Adjustments for Countervailable
                                                margin is zero or de minimis, or an                     the most recently completed segment of                        Subsidies
                                                importer-specific ad valorem                            this proceeding; (3) for all PRC exporters                 k. Currency Conversion
                                                assessment rate is zero or de minimis,                  of subject merchandise which have not                   10. Recommendation
                                                the Department will instruct CBP to                     been found to be entitled to a separate                 [FR Doc. 2017–04420 Filed 3–6–17; 8:45 am]
                                                liquidate appropriate entries without                   rate, the cash deposit rate will be the                 BILLING CODE 3510–DS–P
                                                regard to antidumping duties.16                         rate for the PRC-wide entity (i.e., 165.04
                                                   Pursuant to Departmental practice, for               percent) 19 and (4) for all non-PRC
                                                entries that were not reported in the                   exporters of subject merchandise that                   DEPARTMENT OF COMMERCE
                                                U.S. sales database submitted by an                     have not received their own rate, the
                                                exporter individually examined during                   cash deposit rate will be the rate                      International Trade Administration
                                                this review, the Department will                        applicable to the PRC exporter that                     [A–588–876]
                                                instruct CBP to liquidate such entries at               supplied that non-PRC exporter. These
                                                the rate for the PRC-wide entity.17                     deposit requirements, when imposed,                     Steel Concrete Reinforcing Bar From
                                                Because no party requested a review of                  shall remain in effect until further                    Japan: Preliminary Affirmative
                                                the PRC-wide entity, the entity is not                  notice.                                                 Determination of Sales at Less Than
                                                under review and the entity’s rate (i.e.,                                                                       Fair Value
                                                                                                        Notification to Importers
                                                165.04 percent) is not subject to                                                                               AGENCY:   Enforcement and Compliance,
                                                change.18 Additionally, if the                             This notice also serves as a
                                                                                                        preliminary reminder to importers of                    International Trade Administration,
                                                Department determines that an exporter                                                                          Department of Commerce.
                                                under review had no shipments of the                    their responsibility under 19 CFR
                                                                                                        351.402(f)(2) to file a certificate                     SUMMARY: The Department of Commerce
                                                subject merchandise, any suspended
                                                                                                        regarding the reimbursement of                          (the Department) preliminarily
                                                entries that entered under that
                                                                                                        antidumping duties and/or                               determines that steel concrete
                                                exporter’s CBP case number will be                                                                              reinforcing bar (rebar) from Japan is
                                                liquidated at the rate for the PRC-wide                 countervailing duties prior to
                                                                                                        liquidation of the relevant entries                     being, or is likely to be, sold in the
                                                entity.                                                                                                         United States at less than fair value
                                                   In accordance with section                           during this POR. Failure to comply with
                                                                                                        this requirement could result in the                    (LTFV). The period of investigation
                                                751(a)(2)(C) of the Act, the final results
                                                                                                        Department’s presumption that                           (POI) is July 1, 2015, through June 30,
                                                of this review shall be the basis for the                                                                       2016. The estimated dumping margins
                                                assessment of antidumping duties on                     reimbursement of antidumping duties
                                                                                                        and/or countervailing duties has                        of sales at LTFV are listed in the
                                                entries of merchandise covered by the                                                                           ‘‘Preliminary Determination’’ section of
                                                final results of this review and for future             occurred, and the subsequent
                                                                                                        assessment of double antidumping                        this notice. Interested parties are invited
                                                deposits of estimated antidumping                                                                               to comment on this preliminary
                                                duties, where applicable.                               duties and/or increase the amount of
                                                                                                        antidumping duties by the amount of                     determination.
                                                Cash Deposit Requirements                               the countervailing duties.                              DATES: Effective March 7, 2017.
                                                  The Department will instruct CBP to                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                        Notification to Interested Parties
                                                require a cash deposit for antidumping                                                                          David Lindgren, AD/CVD Operations,
                                                duties equal to the weighted-average                      We are issuing and publishing these                   Office VII, Enforcement and
                                                amount by which the normal value                        results in accordance with sections                     Compliance, International Trade
                                                exceeds U.S. price. The following cash                  751(a)(1) and 777(i)(1) of the Act and 19               Administration, U.S. Department of
                                                deposit requirements will be effective                  CFR 351.213 and 351.221(b)(4).                          Commerce, 1401 Constitution Avenue
                                                for shipments of the subject                              Dated: February 28, 2017.                             NW., Washington, DC 20230; telephone:
                                                merchandise from the PRC entered, or                    Ronald K. Lorentzen,                                    (202) 482–3870.
                                                withdrawn from warehouse, for                           Acting Assistant Secretary for Enforcement              SUPPLEMENTARY INFORMATION:
                                                consumption on or after the publication                 and Compliance.                                         Background
                                                  15 Id.                                                Appendix—List of Topics Discussed in                       This preliminary determination is
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                                                  16 See Final Modification, 77 FR at 8103.             the Preliminary Decision Memorandum                     made in accordance with section 733(b)
                                                  17 See Non-Market Economy Antidumping                 1. Summary                                              of the Tariff Act of 1930, as amended
                                                Proceedings: Assessment of Antidumping Duties, 76       2. Background                                           (the Act). The Department published the
                                                FR 65694 (October 24, 2011), for a full discussion
                                                of this practice.
                                                                                                        3. Period of Review                                     notice of initiation of this investigation
                                                  18 See Certain Crystalline Silicon Photovoltaic
                                                                                                        4. Extension of Preliminary Results                     on October 18, 2016.1 For a complete
                                                Products From the People’s Republic of China:           5. Scope of the Order
                                                Final Determination of Sales at Less Than Fair                                                                    1 See Steel Concrete Reinforcing Bar From Japan,

                                                Value, 79 FR 76970 (December 23, 2014).                   19 See   Final Determination at 76973.                Taiwan and the Republic of Turkey: Initiation of



                                           VerDate Sep<11>2014   16:01 Mar 06, 2017   Jkt 241001   PO 00000   Frm 00015    Fmt 4703   Sfmt 4703    E:\FR\FM\07MRN1.SGM   07MRN1


                                                                               Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices                                                               12797

                                                description of the events that followed                 initial questionnaire.5 As a result,                    full description of the methodology
                                                the initiation of this investigation, see               pursuant to section 776(a) and (b) of the               underlying our conclusions, see the
                                                the Preliminary Decision Memorandum,                    Act and 19 CFR 351.308, the                             Preliminary Decision Memorandum.
                                                dated concurrently with this                            Department has preliminarily relied
                                                                                                                                                                Preliminary Determination
                                                determination and hereby adopted by                     upon facts otherwise available, with
                                                this notice.2 A list of topics included in              adverse inferences, to assign an                          The Department preliminarily
                                                the Preliminary Decision Memorandum                     estimated weighted-average dumping                      determines that rebar from Japan is
                                                is included as Appendix II to this                      margin to the Jonan and Kyoei. For a                    being, or is likely to be, sold in the
                                                notice. The Preliminary Decision                        full description of the methodology                     United States at LTFV, pursuant to
                                                Memorandum is a public document and                     underlying our preliminary conclusions,                 section 733 of the Act, and that the
                                                is on file electronically via Enforcement               see the Preliminary Decision                            following weighted-average dumping
                                                and Compliance’s Antidumping and                        Memorandum.                                             margins exist:
                                                Countervailing Duty Centralized
                                                Electronic Service System (ACCESS).                     All-Others Rate                                                                                           Weighted-
                                                ACCESS is available to registered users                    Sections 733(d)(1)(A)(ii) and                                                                           average
                                                                                                                                                                          Exporter/producer                       dumping
                                                at https://access.trade.gov, and to all                 735(c)(5)(A) of the Act provide that, in                                                                    margin
                                                parties in the Central Records Unit,                    the preliminary determination, the                                                                        (percent)
                                                Room B8024 of the main Department of                    Department shall determine an
                                                Commerce building. In addition, a                       estimated all-others rate for all exporters             Jonan Steel Corporation .............                209.46
                                                complete version of the Preliminary                     and producers not individually                          Kyoei Steel Ltd ...........................          209.46
                                                Decision Memorandum can be accessed                                                                             All-Others ....................................      206.43
                                                                                                        investigated, which shall be an amount
                                                directly at http://enforcement.trade.gov/               equal to the weighted average of the
                                                frn/. The signed Preliminary Decision                   estimated weighted-average dumping                      Suspension of Liquidation
                                                Memorandum and the electronic                           margins established for exporters and                     In accordance with section 733(d)(2)
                                                version are identical in content.                       producers individually investigated,                    of the Act, the Department will direct
                                                Scope of the Investigation                              excluding any zero and de minimis                       U.S. Customs and Border Protection
                                                                                                        margins, and any margins determined                     (CBP) to suspend liquidation of all
                                                  The product covered by this                           entirely under section 776 of the Act.                  entries of subject merchandise as
                                                investigation is rebar from Japan. For a                   Pursuant to section 735(c)(5)(B) of the              described in the ‘‘scope of the
                                                complete description of the scope of this               Act, if the estimated weighted-average                  investigation’’ section of this notice
                                                investigation, see Appendix I.                          dumping margins established for all                     entered, or withdrawn from warehouse,
                                                Scope Comments                                          exporters and producers individually                    for consumption on or after the date of
                                                                                                        examined are zero, de minimis or                        publication of this notice in the Federal
                                                  In accordance with the preamble to
                                                                                                        determined based entirely under section                 Register, as discussed below.7 Further,
                                                the Department’s regulations,3 the
                                                                                                        776 of the Act, the Department may use                  pursuant to section 733(d)(1)(B) of the
                                                Initiation Notice set aside a period of
                                                                                                        any reasonable method to establish the                  Act and 19 CFR 351.205(d), the
                                                time for parties to raise issues regarding
                                                                                                        estimated dumping margin for all other                  Department will instruct CBP to require
                                                product coverage (i.e., scope).4 No
                                                                                                        producers or exporters.                                 a cash deposit equal to the dumping
                                                interested party commented on the
                                                                                                           As noted above, we determined the                    margins, as indicated in the chart above,
                                                scope of the investigation as it appeared
                                                                                                        dumping margin for the individually                     as follows: (1) The rate for the
                                                in the Initiation Notice. However,
                                                                                                        examined companies Jonan and Kyoei                      mandatory respondents listed above
                                                because the investigation pertains to
                                                                                                        under section 776 of the Act.                           will be the respondent-specific rates we
                                                rebar from Japan, the Department
                                                preliminarily modified the scope                        Consequently, the only available                        determined in this preliminary
                                                language as it appeared in the Initiation               dumping margins for this preliminary                    determination; (2) if the exporter is not
                                                Notice to remove the language                           determination are found in the petition                 a mandatory respondent identified
                                                pertaining to the scope of the                          and are margins upon which we                           above, but the producer is, the rate will
                                                countervailing duty investigation of                    initiated this investigation. Pursuant to               be the specific rate established for the
                                                rebar from Turkey. See the scope in                     section 735(c)(5)(B) of the Act, the                    producer of the subject merchandise;
                                                Appendix I to this notice.                              Department’s practice under these                       and (3) the rate for all other producers
                                                                                                        circumstances has been to calculate the                 or exporters will be the ‘‘all-others’’ rate.
                                                Methodology                                             ‘‘all-others’’’ rate as a simple average of             This suspension of liquidation
                                                   The Department is conducting this                    these margins from the petition.6 For a                 instruction will remain in effect until
                                                investigation in accordance with section                                                                        further notice.8
                                                                                                          5 See Preliminary Decision Memorandum.
                                                731 of the Act. Both mandatory                                                                                  Disclosure
                                                                                                          6 See, e.g., Notice of Preliminary Determination of
                                                respondents, Jonan Steel Corporation                    Sales at Less Than Fair Value: Sodium Nitrite From
                                                (Jonan) and Kyoei Steel Ltd. (Kyoei),                                                                             Normally, the Department discloses to
                                                                                                        the Federal Republic of Germany, 73 FR 21909,
                                                failed to participate in this investigation             21912 (April 23, 2008), unchanged in Notice of
                                                                                                                                                                interested parties the calculations
                                                by not responding to the Deparment’s                    Final Determination of Sales at Less Than Fair          performed in connection with a
                                                                                                        Value: Sodium Nitrite From the Federal Republic of      preliminary determination within five
                                                                                                        Germany, 73 FR 38986, 38987 (July 8, 2008), and         days of its public announcement or, if
                                                Less-Than-Fair Value Investigations, 81 FR 71697        accompanying Issues and Decision Memorandum at
                                                (October 18, 2016) (Initiation Notice).                 Comment 2; see also Notice of Final Determination
sradovich on DSK3GMQ082PROD with NOTICES




                                                  2 See Memorandum, ‘‘Decision Memorandum for                                                                   Affirmative Final Determination of Critical
                                                                                                        of Sales at Less Than Fair Value: Raw Flexible
                                                the Preliminary Determination in the Less-Than-         Magnets From Taiwan, 73 FR 39673, 39674 (July 10,       Circumstances, 79 FR 14476, 14477 (March 14,
                                                Fair-Value Investigation of Steel Concrete              2008); Steel Threaded Rod From Thailand:                2014).
                                                Reinforcing Bar From Japan’’ dated concurrently         Preliminary Determination of Sales at Less Than           7 See Appendix I.
                                                with, and hereby adopted by, this notice                Fair Value and Affirmative Preliminary                    8 See Modification of Regulations Regarding the
                                                (Preliminary Decision Memorandum).                      Determination of Critical Circumstances, 78 FR          Practice of Accepting Bonds During the Provisional
                                                  3 See Antidumping Duties; Countervailing Duties;
                                                                                                        79670, 79671 (December 31, 2013), unchanged in          Measures Period in Antidumping and
                                                Final Rule, 62 FR 27296, 27323 (May 19, 1997).          Steel Threaded Rod From Thailand: Final                 Countervailing Duty Investigations, 76 FR 61042
                                                  4 See Initiation Notice.                              Determination of Sales at Less Than Fair Value and      (October 3, 2011).



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                                                12798                          Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

                                                there is no public announcement,                        date to be determined. Parties should                 7227.90.6030, 7227.90.6035, 7227.90.6040,
                                                within five days of the date of                         confirm by telephone the date, time, and              7228.20.1000, and 7228.60.6000.
                                                publication of this notice in accordance                location of the hearing two days before                 HTSUS numbers are provided for
                                                                                                                                                              convenience and customs purposes;
                                                with 19 CFR 351.224(b). However,                        the scheduled date.                                   however, the written description of the scope
                                                because the Department preliminarily                                                                          remains dispositive.
                                                                                                        Final Determination
                                                applied AFA to both Jonan and Kyoei,
                                                in accordance with section 776 of the                      In accordance with Section 735(a)(1)               Appendix II
                                                Act, there are no calculations to                       of the Act and 19 CFR 351.210(b)(1), we               List of Topics Discussed in the Preliminary
                                                disclose.                                               will make the final determination no                  Decision Memorandum
                                                                                                        later than 75 days after the signature                I. Summary
                                                Verification                                            date of this preliminary determination.               II. Background
                                                  Because the mandatory respondents                     International Trade Commission                        III. Period of Investigation
                                                in this investigation did not provide                   Notification                                          IV. Scope of the Investigation
                                                information requested by the                                                                                  V. Use of Facts Available with Adverse
                                                Department and the Department                              In accordance with section 733(f) of                     Inferences
                                                preliminarily determines each of the                    the Act, we are notifying the                            A. Application of Facts Available
                                                                                                        International Trade Commission (ITC) of                  B. Use of Adverse Inferences
                                                mandatory respondents to have been                                                                               C. Selection and Corroboration of the AFA
                                                uncooperative, verification will not be                 our preliminary determination. If our
                                                                                                                                                                    Rate
                                                conducted.                                              final determination is affirmative, the               VI. All-Others Rate
                                                                                                        ITC will determine before the later of                VII. Verification
                                                Public Comment                                          120 days after the date of this                       VIII. Conclusion
                                                   Interested parties are invited to                    preliminary determination or 45 days                  [FR Doc. 2017–04415 Filed 3–6–17; 8:45 am]
                                                comment on this preliminary                             after our final determination whether                 BILLING CODE 3510–DS–P
                                                determination. Case briefs or other                     these imports are materially injuring, or
                                                written comments may be submitted to                    threaten material injury to, the U.S.
                                                the Assistant Secretary for Enforcement                 industry.                                             DEPARTMENT OF COMMERCE
                                                and Compliance no later than 30 days                       This determination is issued and
                                                after the date of publication of this                   published in accordance with sections                 International Trade Administration
                                                notice, and rebuttal briefs, limited to                 733(f) and 777(i)(1) of the Act and 19
                                                                                                                                                              [A–580–810 and A–583–815]
                                                issues raised in case briefs, may be                    CFR 351.205(c).
                                                submitted no later than five days after                   Dated: February 28, 2017.                           Welded ASTM A–312 Stainless Steel
                                                the deadline date for case briefs.9                     Ronald K. Lorentzen,                                  Pipe From South Korea and Taiwan:
                                                Pursuant to 19 CFR 351.309(c)(2) and                    Acting Assistant Secretary for Enforcement            Final Results of the Expedited Fourth
                                                (d)(2), parties who submit case briefs or               and Compliance.                                       Sunset Reviews of the Antidumping
                                                rebuttal briefs in this proceeding are                                                                        Duty Orders
                                                encouraged to submit with each                          Appendix I
                                                argument: (1) A statement of the issue;                                                                       AGENCY:   Enforcement and Compliance,
                                                                                                        Scope of the Investigation
                                                (2) a brief summary of the argument;                                                                          International Trade Administration,
                                                                                                           The merchandise subject to this                    Department of Commerce.
                                                and (3) a table of authorities. All                     investigation is steel concrete reinforcing bar
                                                documents must be filed electronically                  imported in either straight length or coil form       DATES: Effective March 7, 2017.
                                                using ACCESS. An electronically filed                   (rebar) regardless of metallurgy, length,             SUMMARY: As a result of these sunset
                                                document must be received successfully                  diameter, or grade or lack thereof. Subject           reviews, the Department of Commerce
                                                in its entirety by ACCESS by 5 p.m.                     merchandise includes deformed steel wire              (the Department) finds that revocation
                                                                                                        with bar markings (e.g., mill mark, size, or          of the antidumping duty orders on
                                                Eastern Standard Time on the date the
                                                                                                        grade) and which has been subjected to an             welded ASTM A–312 stainless steel
                                                document is due.                                        elongation test.
                                                   Pursuant to 19 CFR 351.310(c),                                                                             pipe from South Korea and Taiwan
                                                                                                           The subject merchandise includes rebar
                                                interested parties who wish to request a                that has been further processed in the subject        would be likely to lead to continuation
                                                hearing, limited to issues raised in the                country or a third country, including but not         or recurrence of dumping. The
                                                case and rebuttal briefs, must submit a                 limited to cutting, grinding, galvanizing,            magnitude of the dumping margins
                                                written request to the Assistant                        painting, coating, or any other processing            likely to prevail is indicated in the
                                                Secretary for Enforcement and                           that would not otherwise remove the                   ‘‘Final Results of Sunset Review’’
                                                Compliance, U.S. Department of                          merchandise from the scope of the                     section of this notice.
                                                                                                        investigation if performed in the country of
                                                Commerce, within 30 days after the date                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                        manufacture of the rebar.
                                                of publication of this notice.10 Requests                  Specifically excluded are plain rounds             Jacqueline Arrowsmith, AD/CVD
                                                should contain the party’s name,                        (i.e., nondeformed or smooth rebar). Also             Operations, Office VII, Enforcement and
                                                address, and telephone number, the                      excluded from the scope is deformed steel             Compliance, U.S. Department of
                                                number of participants, whether any                     wire meeting ASTM A1064/A1064M with no                Commerce, 1401 Constitution Avenue
                                                participant is a foreign national, and a                bar markings (e.g., mill mark, size, or grade)        NW., Washington, DC 20230; telephone
                                                list of the issues to be discussed. If a                and without being subject to an elongation            (202) 482–5255.
                                                request for a hearing is made, the                      test.
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                           The subject merchandise is classifiable in
                                                Department intends to hold the hearing                  the Harmonized Tariff Schedule of the                 Background
sradovich on DSK3GMQ082PROD with NOTICES




                                                at the U.S. Department of Commerce,                     United States (HTSUS) primarily under item
                                                1401 Constitution Avenue NW.,                           numbers 7213.10.0000, 7214.20.0000, and                 The antidumping duty orders on
                                                Washington, DC 20230,11 at a time and                   7228.30.8010. The subject merchandise may             welded ASTM A–312 stainless steel
                                                                                                        also enter under other HTSUS numbers                  pipe from South Korea and Taiwan were
                                                   9 See 19 CFR 351.309; see also 19 CFR 351.303        including 7215.90.1000, 7215.90.5000,                 published on December 30, 1992.1 On
                                                (for general filing requirements).                      7221.00.0017, 7221.00.0018, 7221.00.0030,
                                                   10 See 19 CFR 351.310(c).                            7221.00.0045, 7222.11.0001, 7222.11.0057,               1 See Antidumping Duty Order and Clarification
                                                   11 Id.                                               7222.11.0059, 7222.30.0001, 7227.20.0080,             of Final Determination: Certain Welded Stainless



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Document Created: 2018-02-01 14:48:40
Document Modified: 2018-02-01 14:48:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 7, 2017.
ContactDavid Lindgren, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3870.
FR Citation82 FR 12796 

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