82_FR_12843 82 FR 12800 - Steel Concrete Reinforcing Bar From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 12800 - Steel Concrete Reinforcing Bar From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range12800-12802
FR Document2017-04414

The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from Taiwan 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.

Federal Register, Volume 82 Issue 43 (Tuesday, March 7, 2017)
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12800-12802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04414]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-859]


Steel Concrete Reinforcing Bar From Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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 Taiwan 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.

DATES: Effective March 7, 2017.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Kathryn Wallace, 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) 482-1396 or (202) 
482-6251, respectively.

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 description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\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 and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \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 Taiwan'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is rebar from Taiwan. 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 Taiwan, 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. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(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 examined. This rate 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.
    In this investigation, the Department calculated estimated 
weighted-average dumping margins for Power Steel Co., Ltd. (Power 
Steel) and Lo-Toun Steel and Iron Works Co., Ltd. (Lo-Toun) that are 
not zero, de minimis, or based entirely on facts otherwise available. 
The Department calculated the all-others' rate using a weighted average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged values for 
the merchandise under consideration.\5\ For further discussion of this 
calculation, see the memorandum entitled ``Steel Concrete Reinforcing 
Bar From Taiwan: Calculation of the Preliminary Margin for All Other 
Companies,'' dated concurrently with this notice.
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    \5\ With two respondents under examination, the Department 
normally calculates (A) a weighted-average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; (B) a simple average of the estimated weighted-average 
dumping margins calculated for the examined respondents; and (C) a 
weighted-average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See Ball Bearings and Parts Thereof 
From France, Germany, Italy, Japan, and the United Kingdom: Final 
Results of Antidumping Duty Administrative Reviews, Final Results of 
Changed-Circumstances Review, and Revocation of an Order in Part, 75 
FR 53661, 53663 (September 1, 2010). As complete publicly ranged 
sales data was available, the Department based the all-others rate 
on the publicly ranged sales data of the mandatory respondents. For 
a complete analysis of the data, please see the All-Others' Rate 
Calculation Memorandum.
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Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

[[Page 12801]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Power Steel Co., Ltd........................................        3.48
Lo-Toun Steel and Iron Works Co., Ltd.......................       29.47
All Others..................................................        5.49
------------------------------------------------------------------------

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 entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register. 
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 estimated weighted-average dumping margin or the estimated 
all-others rate, as follows: (1) The cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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.
---------------------------------------------------------------------------

    \6\ 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. 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, 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until no later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of the Department's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On February 16, 2017, and February 21, 2017, pursuant to 19 CFR 
351.210(e), Power Steel and Lo-Toun requested that the Department 
postpone the final determination and that provisional measures be 
extended to a period not to exceed six months.\7\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) The preliminary determination is affirmative; (2) the requesting 
exporters account for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
the Department is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, the Department will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \7\ See Letter from Power Steel, ``Re: Steel Concrete 
Reinforcing Bar from Taiwan: DOC Preliminary Determination 
Extension,'' dated February 16, 2017; see also Letter from Lo-Toun, 
``Steel Concrete Reinforcing Bar From Taiwan: Lo-Toun's Request to 
Postpone the Final Determination'' (February 21, 2017).
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination. If the 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 the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    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)

[[Page 12802]]

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. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope of the Investigation
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2017-04414 Filed 3-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                12800                          Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

                                                protective order is hereby requested.                   Memorandum.2 A list of topics included                All-Others Rate
                                                Failure to comply with the regulations                  in the Preliminary Decision
                                                and terms of an APO is a violation                      Memorandum is included as Appendix                      Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                which is subject to sanction.                           II to this notice. The Preliminary                    of the Act provide that in the
                                                  The Department is issuing and                         Decision Memorandum is a public                       preliminary determination the
                                                publishing these final results and notice               document and is on file electronically                Department shall determine an
                                                in accordance with sections 751(c),                     via Enforcement and Compliance’s                      estimated all-others rate for all exporters
                                                752(c), and 777(i)(1) of the Act and 19                 Antidumping and Countervailing Duty                   and producers not individually
                                                CFR 351.218.                                            Centralized Electronic Service System                 examined. This rate shall be an amount
                                                  Dated: March 1, 2017.                                 (ACCESS). ACCESS is available to                      equal to the weighted average of the
                                                Ronald K. Lorentzen,                                    registered users at https://                          estimated weighted-average dumping
                                                                                                        access.trade.gov, and to all parties in the           margins established for exporters and
                                                Acting Assistant Secretary For Enforcement
                                                & Compliance.                                           Central Records Unit, Room B8024 of                   producers individually investigated,
                                                                                                        the main Department of Commerce                       excluding any zero and de minimis
                                                [FR Doc. 2017–04421 Filed 3–6–17; 8:45 am]
                                                                                                        building. In addition, a complete                     margins, and any margins determined
                                                BILLING CODE 3510–DS–P
                                                                                                        version of the Preliminary Decision                   entirely under section 776 of the Act.
                                                                                                        Memorandum can be accessed directly
                                                                                                        at http://enforcement.trade.gov/frn/.                   In this investigation, the Department
                                                DEPARTMENT OF COMMERCE                                                                                        calculated estimated weighted-average
                                                                                                        The signed and the electronic versions
                                                                                                        of the Preliminary Decision                           dumping margins for Power Steel Co.,
                                                International Trade Administration
                                                                                                        Memorandum are identical in content.                  Ltd. (Power Steel) and Lo-Toun Steel
                                                [A–583–859]                                                                                                   and Iron Works Co., Ltd. (Lo-Toun) that
                                                                                                        Scope of the Investigation                            are not zero, de minimis, or based
                                                Steel Concrete Reinforcing Bar From                                                                           entirely on facts otherwise available.
                                                Taiwan: Preliminary Affirmative                           The product covered by this
                                                                                                        investigation is rebar from Taiwan. For               The Department calculated the all-
                                                Determination of Sales at Less Than                                                                           others’ rate using a weighted average of
                                                Fair Value, Postponement of Final                       a complete description of the scope of
                                                                                                        this investigation, see Appendix I.                   the estimated weighted-average
                                                Determination, and Extension of
                                                                                                                                                              dumping margins calculated for the
                                                Provisional Measures                                    Scope Comments                                        examined respondents using each
                                                AGENCY:   Enforcement and Compliance,                     In accordance with the preamble to                  company’s publicly-ranged values for
                                                International Trade Administration,                     the Department’s regulations,3 the                    the merchandise under consideration.5
                                                Department of Commerce.                                 Initiation Notice set aside a period of               For further discussion of this
                                                SUMMARY: The Department of Commerce                     time for parties to raise issues regarding            calculation, see the memorandum
                                                (the Department) preliminarily                          product coverage (i.e., scope).4 No                   entitled ‘‘Steel Concrete Reinforcing Bar
                                                determines that steel concrete                          interested party commented on the                     From Taiwan: Calculation of the
                                                reinforcing bar (rebar) from Taiwan is                  scope of the investigation as it appeared             Preliminary Margin for All Other
                                                being, or is likely to be, sold in the                  in the Initiation Notice. However,                    Companies,’’ dated concurrently with
                                                United States at less than fair value                   because the investigation pertains to                 this notice.
                                                (LTFV). The period of investigation                     rebar from Taiwan, the Department
                                                (POI) is July 1, 2015, through June 30,                 preliminarily modified the scope                      Preliminary Determination
                                                2016.                                                   language as it appeared in the Initiation               The Department preliminarily
                                                DATES: Effective March 7, 2017.                         Notice to remove the language                         determines that the following estimated
                                                FOR FURTHER INFORMATION CONTACT: Jun                    pertaining to the scope of the                        weighted-average dumping margins
                                                Jack Zhao or Kathryn Wallace, AD/CVD                    countervailing duty investigation of                  exist:
                                                Operations, Office VII, Enforcement and                 rebar from Turkey. See the scope in
                                                Compliance, International Trade                         Appendix I to this notice.                              5 With two respondents under examination, the
                                                Administration, U.S. Department of                      Methodology                                           Department normally calculates (A) a weighted-
                                                Commerce, 1401 Constitution Avenue                                                                            average of the estimated weighted-average dumping
                                                NW., Washington, DC 20230; telephone:                     The Department is conducting this                   margins calculated for the examined respondents;
                                                (202) 482–1396 or (202) 482–6251,                       investigation in accordance with section              (B) a simple average of the estimated weighted-
                                                                                                        731 of the Act. The Department has                    average dumping margins calculated for the
                                                respectively.
                                                                                                                                                              examined respondents; and (C) a weighted-average
                                                                                                        calculated export prices in accordance
                                                SUPPLEMENTARY INFORMATION:                                                                                    of the estimated weighted-average dumping margins
                                                                                                        with section 772(a) of the Act. Normal                calculated for the examined respondents using each
                                                Background                                              value (NV) is calculated in accordance                company’s publicly-ranged U.S. sale quantities for
                                                   This preliminary determination is                    with section 773 of the Act. For a full               the merchandise under consideration. The
                                                                                                        description of the methodology                        Department then compares (B) and (C) to (A) and
                                                made in accordance with section 733(b)                                                                        selects the rate closest to (A) as the most
                                                of the Tariff Act of 1930, as amended                   underlying the preliminary
                                                                                                                                                              appropriate rate for all other producers and
                                                (the Act). The Department published the                 determination, see the Preliminary                    exporters. See Ball Bearings and Parts Thereof From
                                                notice of initiation of this investigation              Decision Memorandum.                                  France, Germany, Italy, Japan, and the United
                                                on October 18, 2016.1 For a complete                                                                          Kingdom: Final Results of Antidumping Duty
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          2 See Memorandum, ‘‘Decision Memorandum for         Administrative Reviews, Final Results of Changed-
                                                description of the events that followed                                                                       Circumstances Review, and Revocation of an Order
                                                                                                        the Preliminary Determination in the Less-Than-
                                                the initiation of this investigation, see               Fair-Value Investigation of Steel Concrete            in Part, 75 FR 53661, 53663 (September 1, 2010).
                                                the Preliminary Decision                                Reinforcing Bar From Taiwan’’ dated concurrently      As complete publicly ranged sales data was
                                                                                                        with, and hereby adopted by, this notice              available, the Department based the all-others rate
                                                  1 See Steel Concrete Reinforcing Bar From Japan,      (Preliminary Decision Memorandum).                    on the publicly ranged sales data of the mandatory
                                                Taiwan, and the Republic of Turkey: Initiation of         3 See Antidumping Duties; Countervailing Duties,    respondents. For a complete analysis of the data,
                                                Less-Than Fair Value Investigations, 81 FR 71697        Final Rule, 62 FR 27296, 27323 (May 19, 1997).        please see the All-Others’ Rate Calculation
                                                (October 18, 2016) (Initiation Notice).                   4 See Initiation Notice.                            Memorandum.



                                           VerDate Sep<11>2014   16:01 Mar 06, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM   07MRN1


                                                                               Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices                                                   12801

                                                                                         Estimated    submitted no later than five days after                  section 735(a)(2)(A) of the Act and 19
                                                                                         weighted-    the deadline date for case briefs.6                      CFR 351.210(b)(2)(ii), because: (1) The
                                                                                          average     Pursuant      to 19 CFR 351.309(c)(2) and                preliminary determination is
                                                      Exporter/manufacturer              dumping      (d)(2), parties who submit case briefs or
                                                                                           margin                                                              affirmative; (2) the requesting exporters
                                                                                         (percent)    rebuttal briefs in this investigation are                account for a significant proportion of
                                                                                                      encouraged to submit with each                           exports of the subject merchandise; and
                                                Power Steel Co., Ltd ..................          3.48 argument: (1) A statement of the issue;                  (3) no compelling reasons for denial
                                                Lo-Toun Steel and Iron Works                          (2) a brief summary of the argument;                     exist, the Department is postponing the
                                                   Co., Ltd ................................... 29.47 and (3) a table of authorities.                          final determination and extending the
                                                All Others ....................................  5.49     Pursuant to 19 CFR 351.310(c),                       provisional measures from a four-month
                                                                                                      interested parties who wish to request a                 period to a period not greater than six
                                                Suspension of Liquidation                             hearing, limited to issues raised in the                 months. Accordingly, the Department
                                                   In accordance with section 733(d)(2)               case and rebuttal briefs, must submit a                  will make its final determination no
                                                of the Act, the Department will direct                written request to the Assistant                         later than 135 days after the date of
                                                U.S. Customs and Border Protection                    Secretary for Enforcement and                            publication of this preliminary
                                                (CBP) to suspend liquidation of entries               Compliance, U.S. Department of                           determination.
                                                of subject merchandise, as described in               Commerce, within 30 days after the date
                                                Appendix I, entered, or withdrawn from of publication of this notice. Requests                                 International Trade Commission
                                                warehouse, for consumption on or after                should contain the party’s name,                         Notification
                                                the date of publication of this notice in             address, and telephone number, the                          In accordance with section 733(f) of
                                                the Federal Register. Further, pursuant               number of participants, whether any                      the Act, the Department will notify the
                                                to section 733(d)(1)(B) of the Act and 19 participant is a foreign national, and a                             International Trade Commission (ITC) of
                                                CFR 351.205(d), the Department will                   list of the issues to be discussed. If a                 its preliminary determination. If the
                                                instruct CBP to require a cash deposit                request for a hearing is made, the                       final determination is affirmative, the
                                                equal to the estimated weighted-average Department intends to hold the hearing                                 ITC will determine before the later of
                                                dumping margin or the estimated all-                  at the U.S. Department of Commerce,                      120 days after the date of this
                                                others rate, as follows: (1) The cash                 1401 Constitution Avenue NW.,                            preliminary determination or 45 days
                                                deposit rate for the respondents listed               Washington, DC 20230, at a time and                      after the final determination whether
                                                above will be equal to the company-                   date to be determined. Parties should                    these imports are materially injuring, or
                                                specific estimated weighted-average                   confirm by telephone the date, time, and                 threaten material injury to, the U.S.
                                                dumping margins determined in this                    location of the hearing two days before                  industry.
                                                preliminary determination; (2) if the                 the scheduled date.
                                                                                                                                                               Notification to Interested Parties
                                                exporter is not a respondent identified               Postponement of Final Determination
                                                above, but the producer is, then the cash and Extension of Provisional Measures                                  This determination is issued and
                                                deposit rate will be equal to the                                                                              published in accordance with sections
                                                company-specific estimated weighted-                      Section 735(a)(2) of the Act provides                733(f) and 777(i)(1) of the Act and 19
                                                average dumping margin established for                that   a final determination may be                      CFR 351.205(c).
                                                that producer of the subject                          postponed until no later than 135 days
                                                                                                                                                                 Dated: February 28, 2017.
                                                merchandise; and (3) the cash deposit                 after the date of the publication of the
                                                                                                      preliminary determination if, in the                     Ronald K. Lorentzen,
                                                rate for all other producers and                                                                               Acting Assistant Secretary for Enforcement
                                                exporters will be equal to the all-others             event of an affirmative preliminary
                                                                                                      determination, a request for such                        and Compliance.
                                                estimated weighted-average dumping
                                                margin.                                               postponement is made by exporters who                    Appendix I
                                                                                                      account for a significant proportion of
                                                Disclosure                                                                                                     Scope of the Investigation
                                                                                                      exports of the subject merchandise, or in
                                                                                                      the event of a negative preliminary                         The merchandise subject to this
                                                   The Department intends to disclose                                                                          investigation is steel concrete reinforcing bar
                                                its calculations and analysis performed               determination, a request for such
                                                                                                                                                               imported in either straight length or coil form
                                                to interested parties in this preliminary             postponement is made by the petitioner.                  (rebar) regardless of metallurgy, length,
                                                determination within five days of any                 Section 351.210(e)(2) of the                             diameter, or grade or lack thereof. Subject
                                                public announcement or, if there is no                Department’s regulations requires that a                 merchandise includes deformed steel wire
                                                public announcement, within five days                 request by exporters for postponement                    with bar markings (e.g., mill mark, size, or
                                                of the date of publication of this notice             of the final determination be                            grade) and which has been subjected to an
                                                in accordance with 19 CFR 351.224(b).                 accompanied by a request for extension                   elongation test.
                                                                                                      of provisional measures from a four-                        The subject merchandise includes rebar
                                                Verification                                          month period to a period not more than                   that has been further processed in the subject
                                                                                                                                                               country or a third country, including but not
                                                   As provided in section 782(i)(1) of the six months in duration.                                             limited to cutting, grinding, galvanizing,
                                                Act, the Department intends to verify                     On February 16, 2017, and February                   painting, coating, or any other processing
                                                the information relied upon in making                 21, 2017, pursuant to 19 CFR 351.210(e),                 that would not otherwise remove the
                                                its final determination.                              Power Steel and Lo-Toun requested that                   merchandise from the scope of the
                                                                                                      the Department postpone the final                        investigation if performed in the country of
                                                Public Comment                                        determination and that provisional                       manufacture of the rebar.
                                                   Case briefs or other written comments measures be extended to a period not to                                  Specifically excluded are plain rounds
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                                                may be submitted to the Assistant                     exceed six months.7 In accordance with                   (i.e., nondeformed or smooth rebar). Also
                                                Secretary for Enforcement and                                                                                  excluded from the scope is deformed steel
                                                                                                                                                               wire meeting ASTM A1064/A1064M with no
                                                Compliance no later than seven days                      6 See 19 CFR 351.309; see also 19 CFR 351.303

                                                                                                      (for general filing requirements).                       bar markings (e.g., mill mark, size, or grade)
                                                after the date on which the last
                                                                                                         7 See Letter from Power Steel, ‘‘Re: Steel Concrete
                                                verification report is issued in this                 Reinforcing Bar from Taiwan: DOC Preliminary             Reinforcing Bar From Taiwan: Lo-Toun’s Request to
                                                investigation. Rebuttal briefs, limited to Determination Extension,’’ dated February 16, 2017;                 Postpone the Final Determination’’ (February 21,
                                                issues raised in case briefs, may be                  see also Letter from Lo-Toun, ‘‘Steel Concrete           2017).



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                                                12802                          Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices

                                                and without being subject to an elongation              2014, through January 31, 2016. This                  questionnaire responses from 14
                                                test.                                                   administrative review covers 14                       companies 5 named in the Initiation
                                                  The subject merchandise is classifiable in            exporters of the subject merchandise,                 Notice. The remaining 18 companies 6
                                                the Harmonized Tariff Schedule of the
                                                                                                        including two mandatory respondents,                  withdrew their requests for
                                                United States (HTSUS) primarily under item
                                                numbers 7213.10.0000, 7214.20.0000, and                 Motech Industries, Inc. (‘‘Motech’’) and              administrative review, pursuant to 19
                                                7228.30.8010. The subject merchandise may               Sino-American Silicon Products Inc.                   CFR 351.213(d)(1). Because these 18
                                                also enter under other HTSUS numbers                    (‘‘SAS’’). The Department preliminarily               companies timely withdrew their
                                                including 7215.90.1000, 7215.90.5000,                   determines SAS and Motech made sales                  requests for administrative review
                                                7221.00.0017, 7221.00.0018, 7221.00.0030,               of subject merchandise at less than                   pursuant to 19 CFR 351.213(d)(1), and
                                                7221.00.0045, 7222.11.0001, 7222.11.0057,               normal value during the POR.                          no other party requested a review of
                                                7222.11.0059, 7222.30.0001, 7227.20.0080,               Additionally, we are rescinding this                  these companies, we are rescinding the
                                                7227.90.6030, 7227.90.6035, 7227.90.6040,               administrative review with respect to 18              administrative review with respect to
                                                7228.20.1000, and 7228.60.6000.
                                                                                                        companies that timely withdrew their                  these companies.
                                                  HTSUS numbers are provided for
                                                convenience and customs purposes;                       request for administrative review.                      On May 18, 2016, the Department
                                                however, the written description of the scope           Interested parties are invited to                     selected Motech and SAS as mandatory
                                                remains dispositive.                                    comment on these preliminary results.                 respondents.7
                                                                                                        DATES: Effective March 7, 2017.                         From May 20, 2016, through February
                                                Appendix II                                                                                                   23, 2017, the Department issued
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                List of Topics Discussed in the Preliminary             Magd Zalok or Thomas Martin, AD/CVD                   questionnaires to, and received timely
                                                Decision Memorandum                                     Operations, Office IV, Enforcement and                responses from from the two mandatory
                                                I. Summary                                              Compliance, International Trade                       respondents.8 Petitioner commented on
                                                II. Background                                          Administration, U.S. Department of                    these responses between July 8, 2016,
                                                III. Period of Investigation                            Commerce, 1401 Constitution Avenue                    and December 5, 2016.
                                                IV. Postponement of Final Determination and                                                                     On October 12, 2016, the Department
                                                                                                        NW., Washington, DC 20230; telephone:
                                                      Extension of Provisional Measures                                                                       extended the deadline for issuing the
                                                V. Scope of the Investigation
                                                                                                        (202) 482–4162 or (202) 482–3936,
                                                VI. Discussion of the Methodology                       respectively.
                                                                                                                                                              CBP data are reported in ‘‘piece’’ units and it would
                                                   A. Determination of the Comparison                   SUPPLEMENTARY INFORMATION:                            not be meaningful to sum the number of imported
                                                      Method                                                                                                  solar cells and the number of imported solar
                                                   B. Results of the Differential Pricing               Background                                            modules in attempting to determine the largest
                                                      Analysis                                                                                                Taiwan exporters of subject merchandise by
                                                                                                           On February 3, 2016, the Department                volume. Id. Therefore, the Department stated that it
                                                VII. Date of Sale                                       notified interested parties of the                    would issue Q&V questionnaires to determine the
                                                VIII. Product Comparisons
                                                                                                        opportunity to request an administrative              volume of subject merchandise shipped to the
                                                IX. Export Price                                                                                              United States by Taiwanese exporters/producers.
                                                X. Normal Value                                         review of orders, findings, or suspended
                                                                                                                                                              Id.
                                                   A. Home Market Viability                             investigations with anniversaries in                     5 AU Optronics Corporation, EEPV CORP., E–

                                                   B. Level of Trade                                    February 2016, including the                          TON Solar Tech. Co., Ltd., Gintech Energy
                                                   C. Cost of Production (COP) Analysis                 antidumping duty (‘‘AD’’) order on solar              Corporation, Inventec Energy Corporation, Inventec
                                                   1. Calculation of COP                                products from Taiwan.1 On February 29,                Solar Energy Corporation, Kyocera Mexicana S.A.
                                                   2. Test of Comparison Market Sales Prices                                                                  de C.V., Motech Industries, Inc., Sino-American
                                                                                                        2016, SolarWorld Americas Inc.                        Silicon Products Inc., Solartech Energy Corporation,
                                                   3. Results of the COP Test                           (‘‘Petitioner’’), as well as various                  Sunengine Corporation Ltd., Sunrise Global Solar
                                                   D. Calculation of NV Based on Comparison             exporters and exporters requested that                Energy, TSEC Corporation, and Win Win Precision
                                                      Market Prices                                                                                           Technology Co., Ltd.
                                                XI. Currency Conversion
                                                                                                        the Department conduct an                                6 Baoding Jiasheng Photovoltaic Technology Co.
                                                XII. Conclusion                                         administrative review of certain                      Ltd., Baoding Tianwei Yingli New Energy
                                                                                                        exporters covering the POR. On April 7,               Resources Co., Ltd., Beijing Tianneng Yingli New
                                                [FR Doc. 2017–04414 Filed 3–6–17; 8:45 am]
                                                                                                        2016, the Department published a notice               Energy Resources Co. Ltd., Boviet Solar Technology
                                                BILLING CODE 3510–DS–P                                                                                        Co., Ltd., Canadian Solar Inc., Canadian Solar
                                                                                                        initiating an AD administrative review
                                                                                                                                                              International, Ltd., Canadian Solar Manufacturing
                                                                                                        of solar products from the Taiwan                     (Changshu), Inc., Canadian Solar Manufacturing
                                                DEPARTMENT OF COMMERCE                                  covering 32 companies/company                         (Luoyang), Inc., Canadian Solar Solution Inc.,
                                                                                                        groupings for the POR.2                               Hainan Yingli New Energy Resources Co., Ltd.,
                                                                                                           In the Initiation Notice, the                      Hengshui Yingli New Energy Resources Co., Ltd.,
                                                International Trade Administration                                                                            Lixian Yingli New Energy Resources Co., Ltd.,
                                                                                                        Department stated that if it limited the              Shenzhen Yingli New Energy Resources Co., Ltd.,
                                                [A–583–853]                                             number of respondents for individual                  Tianjin Yingli New Energy Resources Co., Ltd.,
                                                                                                        examination, then it intended to select               Vina Solar Technology Co., Ltd., Yingli Energy
                                                Certain Crystalline Silicon Photovoltaic                respondents based on volume data                      (China) Co., Ltd., Yingli Green Energy Holding
                                                Products From Taiwan: Preliminary                       contained in responses to its quantity                Company Limited, and Yingli Green Energy
                                                Results of Antidumping Duty                                                                                   International Trading Company Limited.
                                                                                                        and value (‘‘Q&V’’) questionnaire.3 On                   7 See memorandum from Thomas Martin, Senior
                                                Administrative Review and Partial                       April 12, 2016, the Department issued                 International Trade Compliance Analyst, Office IV,
                                                Rescisssion of Antidumping Duty                         Q&V questionnaires to all 32                          AD/CVD Operations, Enforcement and Compliance
                                                Administrative Review; 2014–2016                        companies.4 We received Q&V                           to Abdelali Elouaradia, Director, Office IV, AD/CVD
                                                                                                                                                              Operations, Enforcement and Compliance regarding
                                                AGENCY:   Enforcement and Compliance,                                                                         ‘‘2014–2016 Antidumping Duty Administrative
                                                                                                          1 See Antidumping or Countervailing Duty Order,
                                                International Trade Administration,                                                                           Review of Certain Crystalline Silicon Photovoltaic
                                                                                                        Finding, or Suspended Investigation; Opportunity      Products from Taiwan: Respondent Selection,’’
                                                Department of Commerce.
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                                                                                                        To Request Administrative Review, 81 FR 5712          dated May 18, 2016 at 4–5.
                                                SUMMARY: The Department of Commerce                     (February 3, 2016).                                      8 See Letters from Motech to the Department
                                                (‘‘the Department’’) is conducting an                     2 See Initiation of Antidumping and
                                                                                                                                                              dated June 21, July 11, July 15, August 12,
                                                administrative review of the                            Countervailing Duty Administrative Reviews, 81 FR     September 19, September 23, October 24, November
                                                                                                        20324 (April 7, 2016) (Initiation Notice).            15, 2016; January 18, 2017, February 14, 2017 and
                                                antidumping duty order on certain                         3 Id. at 20324.
                                                                                                                                                              February 23, 2017; Letters from SAS and Solartech
                                                crystalline silicon photovoltaic products                 4 The Department explained in the Initiation        to the Department dated June 20, July 12, July 18,
                                                (solar products) from Taiwan. The                       Notice that the units used to measure the imported    October 25, and November 8, 2016; January 9,
                                                period of review (‘‘POR’’) is July 31,                  quantities of solar cells and solar modules in the    January 12, January 24, and February 10, 2017.



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Document Created: 2018-02-01 14:48:41
Document Modified: 2018-02-01 14:48:41
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.
ContactJun Jack Zhao or Kathryn Wallace, 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) 482-1396 or (202) 482-6251, respectively.
FR Citation82 FR 12800 

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