82 FR 34925 - Steel Concrete Reinforcing Bar From Taiwan: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 143 (July 27, 2017)
International Trade Administration
Federal Register Volume 82, Issue 143 (July 27, 2017)
| Page Range | 34925-34927 | |
| FR Document | 2017-15840 |
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)] [Notices] [Pages 34925-34927] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15840] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-859] Steel Concrete Reinforcing Bar From Taiwan: Final 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) determines that imports of steel concrete reinforcing bar (rebar) from Taiwan are being, or are 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. For information on the estimated weighted- average dumping margins of sales at LTFV, see the ``Final Determination'' section of this notice. DATES: Applicable July 27, 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 On March 7, 2017, the Department published the Preliminary Determination of this antidumping duty (AD) investigation.\1\ The petitioners in this investigation are the Rebar Trade Action Coalition and its individual members.\2\ The mandatory respondents in this investigation are Power Steel Co., Ltd. (Power Steel) and Lo-Toun Steel and Iron Works Co., Ltd. (Lo-Toun). Following the Preliminary Determination, Lo-Toun withdrew its participation as a mandatory respondent. A complete summary of the events that occurred since publication of the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Issues and Decision Memorandum, which is dated concurrently with and hereby adopted by this notice.\3\ The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room B-8024 of the Department's main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See 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 (March 7, 2017) (Preliminary Determination). \2\ The Rebar Trade Action Coalition is comprised of Byer Steel Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc., Nucor Corporation, and Steel Dynamics, Inc. \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Steel Concrete Reinforcing Bar from Taiwan'' (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation covers rebar from Taiwan. The Department did not receive any scope comments and has not updated the scope of the investigation since the Preliminary Determination. For a complete description of the scope of this investigation, see Appendix I to this notice. Analysis of Comments Received The issues raised in the case briefs and rebuttal briefs submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by the Department in the Issues and Decision Memorandum is attached at Appendix II to this notice. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), during April 2017, the Department verified the sales and cost data reported by Power Steel for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondent. [[Page 34926]] Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available. As discussed in the Issues and Decision Memorandum,\4\ we determine that Lo-Toun, by withdrawing its participation in the investigation, significantly impeded the investigation, submitted information that could not be verified, and failed to cooperate by not acting to the best of its ability in responding to the Department's requests for information. Therefore, we drew an adverse inference in selecting from among the facts otherwise available.\5\ For further information, see the ``Use of Facts Otherwise Available and Adverse Inferences'' in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum at 4. \5\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations since the Preliminary Determination. These changes are discussed in Section V of the Issues and Decision Memorandum. All-Others Rate In accordance with section 735(c)(1)(B)(i)(I) of the Act, the Department calculated a dumping margin for the individually investigated exporters/producers of the subject merchandise. Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the Department also calculated an estimated ``all-others'' rate for exporters and producers not individually investigated. Section 735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. Because the estimated weighted-average dumping margin calculated for Lo-Toun is based entirely on facts available under section 776 of the Act, we have not utilized Lo-Toun's rate in order to calculate the all-others rate. Pursuant to section 735(c)(5), we utilized the remaining rate, which is neither zero or de minimis or based entirely on facts available, in order to calculate the all-others rate. Final Determination Pursuant to section 735 of the Act, the Department determines the estimated weighted-average dumping margins to be: ------------------------------------------------------------------------ Estimated weighted- average Company dumping margins (percent) ------------------------------------------------------------------------ Power Steel Co., Ltd........................................ 3.50 Lo-Toun Steel and Iron Works Co. Ltd........................ 32.01 All-Others.................................................. 3.50 ------------------------------------------------------------------------ Disclosure In accordance with 19 CFR 351.224(b), we will disclose the calculations performed within five days of any public announcement of this notice. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of rebar from Taiwan, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after March 7, 2017, the date of publication of the Preliminary Determination. Furthermore, the Department will instruct CBP to require a cash deposit for such entries of merchandise. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of rebar from Taiwan no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an AD order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is violation subject to sanction. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: July 20, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the 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. [[Page 34927]] Appendix II List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Changes Since the Preliminary Determination VI. Use of Facts Otherwise Available and Adverse Inferences VII. Discussion of the Issues Comment 1: Whether a Particular Market Situation Exists With Respect to Power Steel's Billet Purchases From China Comment 2: Whether To Apply the Department's Quarterly-Cost Methodology to Power Steel Comment 3: Whether To Incorporate Findings From the Department's Cost Verification in the Final Determination for Power Steel Comment 4: Whether To Rely on Adverse Facts Available for Lo- Toun's Rate VIII. Recommendation [FR Doc. 2017-15840 Filed 7-26-17; 8:45 am] BILLING CODE 3510-DS-P
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mechanical trusses with nanoscale Commissioner of Customs: May 23, Determination, Lo-Toun withdrew its
structure to create and study light, 2017. participation as a mandatory
strong composite materials and metal Dated: July 24, 2017. respondent. A complete summary of the
structures to understand and control Gregory W. Campbell,
events that occurred since publication
optical properties of materials in new of the Preliminary Determination, as
Director, Subsidies Enforcement, Enforcement
ways. The distinctive feature of the and Compliance.
well as a full discussion of the issues
instrument is its computer control raised by parties for this final
[FR Doc. 2017–15851 Filed 7–26–17; 8:45 am]
integrated with both sample-stage determination, may be found in the
BILLING CODE 3510–DS–P
motion in three dimensions with nano- Final Issues and Decision
resolution, and longer-distance scanning Memorandum, which is dated
mirror technology to cover large DEPARTMENT OF COMMERCE concurrently with and hereby adopted
(hundreds of microns) distances by this notice.3 The Issues and Decision
quickly. Justification for Duty-Free International Trade Administration Memorandum is a public document and
Entry: There are no instruments of the is available electronically via
same general category manufactured in [A–583–859] Enforcement and Compliance’s
the United States. Application accepted Antidumping and Countervailing Duty
Steel Concrete Reinforcing Bar From
by Commissioner of Customs: May 8, Centralized Electronic Service System
Taiwan: Final Determination of Sales at
2017. (ACCESS). Access is available to
Less Than Fair Value
Docket Number: 17–012. Applicant: registered users at http://
Lawrence Berkeley National Laboratory, AGENCY: Enforcement and Compliance, access.trade.gov and to all parties in the
One Cyclotron Road, M/S 971–PROC, International Trade Administration, Central Records Unit, Room B–8024 of
Berkeley, CA 94720. Instrument: Department of Commerce. the Department’s main building. In
Custom undulator magnetic system SUMMARY: The Department of Commerce addition, a complete version of the
mfg’d. to LBNL spec. for an accelerator (the Department) determines that Issues and Decision Memorandum can
research facility; (1) 1st article & (21) imports of steel concrete reinforcing bar be accessed at http://
production units. Manufacturer: (rebar) from Taiwan are being, or are enforcement.trade.gov/frn/. The signed
Vacuumschmelze GmbH & Co. KG, likely to be, sold in the United States at Issues and Decision Memorandum and
Germany. Intended Use: The instrument less than fair value (LTFV). The period the electronic version are identical in
will be used as a core component of a of investigation (POI) is July 1, 2015, content.
free-electron-laser which produces x- through June 30, 2016. For information Scope of the Investigation
rays for scientific discovery. To reach on the estimated weighted-average
sufficiently high magnetic field values dumping margins of sales at LTFV, see The scope of the investigation covers
(1.3 Tesla) the instrument requires the ‘‘Final Determination’’ section of rebar from Taiwan. The Department did
magnets with maximum field energy this notice. not receive any scope comments and
and poles with the highest saturation has not updated the scope of the
DATES: Applicable July 27, 2017.
fields. Justification for Duty-Free Entry: investigation since the Preliminary
FOR FURTHER INFORMATION CONTACT: Jun Determination. For a complete
There are no instruments of the same
general category manufactured in the Jack Zhao or Kathryn Wallace, AD/CVD description of the scope of this
United States. Application accepted by Operations, Office VII, Enforcement and investigation, see Appendix I to this
Commissioner of Customs: May 26, Compliance, International Trade notice.
2017. Administration, U.S. Department of
Commerce, 1401 Constitution Avenue Analysis of Comments Received
Docket Number: 17–013. Applicant:
NW., Washington, DC 20230; telephone: The issues raised in the case briefs
William March Rice University, 6100
(202) 482–1396 or (202) 482–6251, and rebuttal briefs submitted by
Main St., Houston, TX 77005.
respectively. interested parties in this investigation
Instrument: Professional Lab-Device
electrospraying/electrospinning Unit SUPPLEMENTARY INFORMATION: are discussed in the Issues and Decision
V2.0. Manufacturer: Yflow Memorandum. A list of the issues raised
Background by parties and responded to by the
Nanotechnology Solutions, Spain.
Intended Use: The instrument will be On March 7, 2017, the Department Department in the Issues and Decision
used to prepare samples and materials published the Preliminary Memorandum is attached at Appendix II
for experiments. The electrospinning Determination of this antidumping duty to this notice.
and electrospraying capabilities of this (AD) investigation.1 The petitioners in
Verification
instrument will allow studies of the this investigation are the Rebar Trade
mechanical, biodegradation, optical, Action Coalition and its individual As provided in section 782(i) of the
architectural, drug elution, members.2 The mandatory respondents Tariff Act of 1930, as amended (the Act),
biocompatibility, and cell metabolism in this investigation are Power Steel Co., during April 2017, the Department
among other such properties as Ltd. (Power Steel) and Lo-Toun Steel verified the sales and cost data reported
materials for basic science and and Iron Works Co., Ltd. (Lo-Toun). by Power Steel for use in our final
engineering research. The instrument is Following the Preliminary determination. We used standard
unique in its capabilities to control verification procedures, including an
climate, jet diameter, micro-droplet
1 See Steel Concrete Reinforcing Bar from Taiwan: examination of relevant accounting and
mstockstill on DSK30JT082PROD with NOTICES
Preliminary Affirmative Determination of Sales at production records, and original source
production, fibered core-shell capsule Less Than Fair Value, Postponement of Final
production, core-shell capsules, and co/ Determination, and Extension of Provisional
documents provided by the respondent.
multi-axial designs. Justification for Measures, 82 FR 12800 (March 7, 2017)
Duty-Free Entry: There are no (Preliminary Determination). 3 See Memorandum, ‘‘Issues and Decision
2 The Rebar Trade Action Coalition is comprised Memorandum for the Final Affirmative
instruments of the same general of Byer Steel Group, Inc., Commercial Metals Determination in the Antidumping Duty
category manufactured in the United Company, Gerdau Ameristeel U.S. Inc., Nucor Investigation of Steel Concrete Reinforcing Bar from
States. Application accepted by Corporation, and Steel Dynamics, Inc. Taiwan’’ (Issues and Decision Memorandum).
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![Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34927
Appendix II pulse profile is needed to synchronize the United States at the time of order.
List of Topics Discussed in the Final Issues the depletion pulse with the excitation Reasons: The instrument will be used to
and Decision Memorandum pulse. Minimal after pulse tail and sub produce 3D images of objects in regular
100 ps pulse width are also required. light microscopy, for example,
I. Summary
Docket Number: 17–001. Applicant: biological cells, the surface of teeth, and
II. Background
III. Scope of the Investigation Barnard College, New York, NY 10027. polymers. The unique and required
IV. Scope Comments Instrument: Positioner for a prototype features include an andor camera
V. Changes Since the Preliminary Schwarzchild Couder Telescope (pSCT). connected to piezo driving optical
Determination Manufacturer: DESY- objective, 3–D imaging device that uses
VI. Use of Facts Otherwise Available and DeutchesElektronen-Synchrotron, a liquid-crystal focusing technology and
Adverse Inferences Germany. Intended Use: See notice at 82 so-called Ray technology to record 3–D
VII. Discussion of the Issues FR 16796–97, April 6, 2017. Comments: information in one shot, and very fast
Comment 1: Whether a Particular Market
None received. Decision: Approved. We mechanical noise-free recording of 3–D
Situation Exists With Respect to Power
Steel’s Billet Purchases From China know of no instruments of equivalent images of surfaces and cells.
Comment 2: Whether To Apply the scientific value to the foreign Docket Number: 17–005. Applicant:
Department’s Quarterly-Cost instruments described below, for such Boston University, Boston, MA 02215.
Methodology to Power Steel purposes as this is intended to be used, Instrument: Positioner for a prototype
Comment 3: Whether To Incorporate that was being manufactured in the Schwarzchild Couder Telescope (pSCT).
Findings From the Department’s Cost United States at the time of order. Manufacturer: DESY-
Verification in the Final Determination Reasons: The instrument will be used to DeutchesElektronen-Synchrotron,
for Power Steel point the pSCT at astrophysical gamma- Germany. Intended Use: See notice at 82
Comment 4: Whether To Rely on Adverse
ray sources to detect and measure FR 23191–92, May 22, 2017. Comments:
Facts Available for Lo-Toun’s Rate
VIII. Recommendation optical Cherenkov light flashes None received. Decision: Approved. We
produced in the Earth’s atmosphere by know of no instruments of equivalent
[FR Doc. 2017–15840 Filed 7–26–17; 8:45 am]
very high energy gamma ray photons. scientific value to the foreign
BILLING CODE 3510–DS–P
The instrument is a unique piece instruments described below, for such
constructed as part of a design project purposes as this is intended to be used,
called the Cherenkov Telescope Array that was being manufactured in the
DEPARTMENT OF COMMERCE
(CTA), which is being developed by the United States at the time of order.
International Trade Administration international astronomical community. Reasons: The instrument will be used in
DESY is the only company who builds material science research, using a fiber
Yale University, et al.; Notice of an instrument of this kind. laser to induce two-photon
Decision on Application for Duty-Free Docket Number: 17–003. Applicant: polymerization in the target material.
Entry of Scientific Instruments Arizona State University, Tempe, AZ Through sophisticated coordination of
85287–1504. Instrument: Laser- an X–Y stage and a galvo-scanner, a
This is a decision pursuant to Section lithography system for 3-dimensional structure designed in a standard CAD
6(c) of the Educational, Scientific, and microstructuring and nanostructuring. tool can be transferred to a cube of
Cultural Materials Importation Act of Manufacturer: Nanoscribe, Germany. photosensitive material in a matter of
1966 (Pub. L. 89–651, as amended by Intended Use: See notice at 82 FR minutes. The instrument is capable of
Pub. L. 106–36; 80 Stat. 897; 15 CFR 23191–92, May 22, 2017. Comments: lateral feature sizes for 3D structures of
part 301). Related records can be viewed None received. Decision: Approved. We less than 200 nm, and less than 150 nm
between 8:30 a.m. and 5:00 p.m. in know of no instruments of equivalent for 2D structures. The instrument is able
Room 3720, U.S. Department of scientific value to the foreign to fabricate structures up to 300 mm
Commerce, 14th and Constitution Ave. instruments described below, for such height with constant high resolution
NW., Washington, DC. purposes as this is intended to be used, and quality independent of the structure
Docket Number: 16–027. Applicant: that was being manufactured in the height by means of a dip-in-laser
Yale University, New Haven, CT 06510. United States at the time of order. lithography technique.
Instrument: Onefive Laser System Reasons: The instrument will be used to Docket Number: 17–006. Applicant:
Katana-08 HP. Manufacturer: Onefive, develop new methods of determining The Association of Universities for
Switzerland. Intended Use: See notice at the atomic structure of proteins, and to Research in Astronomy, Boulder, CO
82 FR 16796–97, April 6, 2017. make movies of molecular machines at 80303. Instrument: M1 Cell Assembly.
Comments: None received. Decision: work. It is capable of fabricating Manufacturer: Mechanical & Optical
Approved. We know of no instruments structures as small as 0.2 microns on a Systems, NA, Belgium. Intended Use:
of equivalent scientific value to the side, which are not limited to a planar See notice at 82 FR 23191–92, May 22,
foreign instruments described below, for geometry, using nozzles whose overall 2017. Comments: None received.
such purposes as this is intended to be size is a few millimeters, with finest Decision: Approved. We know of no
used, that was being manufactured in detail of 0.5 microns. instruments of equivalent scientific
the United States at the time of order. Docket Number: 17–004. Applicant: value to the foreign instruments
Reasons: The instrument will be used as Trustees of Tufts College, Medford, MA described below, for such purposes as
a depletion source to saturate STED 02155–4284. Instrument: Microscopy this is intended to be used, that was
depletion profile in samples containing Image Acquisition Unit. Manufacturer: being manufactured in the United States
both endogenously expressed Phaseview, France. Intended Use: See at the time of order. Reasons: The
mstockstill on DSK30JT082PROD with NOTICES
fluorescent proteins as well as antibody notice at 82 FR 23191–92, May 22, 2107. instrument will be used to study the
labeled organic dyes. The experiments Comments: None received. Decision: highly dynamic magnetic fields and
require a high power pulsed depletion Approved. We know of no instruments plasmas throughout the solar
source at a wavelength of 775 nm to of equivalent scientific value to the atmosphere. It will provide the
saturate the depletion profile in STED foreign instruments described below, for necessary means to support, shape and
microscopy to achieve resolution below such purposes as this is intended to be cool the DKIST primary mirror, without
the diffraction limit. The picosecond used, that was being manufactured in which the primary mirror would not
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Document Created: 2017-07-27 02:07:14
Document Modified: 2017-07-27 02:07:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 27, 2017. | |
| 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. | |
| FR Citation | 82 FR 34925 |
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