82_FR_42969 82 FR 42794 - Certain Carbon and Alloy Steel Wire Rod From the Russian Federation and the United Arab Emirates: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, and Affirmative Preliminary Determination of Critical Circumstances for Imports of Certain Carbon and Alloy Steel Wire Rod From the Russian Federation

82 FR 42794 - Certain Carbon and Alloy Steel Wire Rod From the Russian Federation and the United Arab Emirates: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, and Affirmative Preliminary Determination of Critical Circumstances for Imports of Certain Carbon and Alloy Steel Wire Rod From the Russian Federation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 175 (September 12, 2017)

Page Range42794-42796
FR Document2017-19289

The Department of Commerce (the Department) preliminarily determines that imports of carbon and alloy steel wire rod (wire rod) from the Russian Federation (Russia) and the United Arab Emirates (the UAE) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of these investigations (POI) is January 1, 2016, through December 31, 2016. Abinsk Electric Steel Works Ltd. (Abinsk) and JSC NLMK-Ural (NLMK Ural) are the mandatory respondents in the Russia investigation. Emirates Steel Industries PJSC (Emirates Steel) is the mandatory respondent in the UAE investigation. The estimated weighted average dumping margins of sales at LTFV are shown in the ``Preliminary Determinations'' section of this notice. Interested parties are invited to comment on these preliminary determinations.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42794-42796]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19289]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-824, A-520-808]


Certain Carbon and Alloy Steel Wire Rod From the Russian 
Federation and the United Arab Emirates: Affirmative Preliminary 
Determinations of Sales at Less Than Fair Value, and Affirmative 
Preliminary Determination of Critical Circumstances for Imports of 
Certain Carbon and Alloy Steel Wire Rod From the Russian Federation

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that imports of carbon and alloy steel wire rod (wire rod) 
from the Russian Federation (Russia) and the United Arab Emirates (the 
UAE) are being, or are likely to be, sold in the United States at less 
than fair value (LTFV). The period of these investigations (POI) is 
January 1, 2016, through December 31, 2016. Abinsk Electric Steel Works 
Ltd. (Abinsk) and JSC NLMK-Ural (NLMK Ural) are the mandatory 
respondents in the Russia investigation. Emirates Steel Industries PJSC 
(Emirates Steel) is the mandatory respondent in the UAE investigation. 
The estimated weighted average dumping margins of sales at LTFV are 
shown in the ``Preliminary Determinations'' section of this notice. 
Interested parties are invited to comment on these preliminary 
determinations.

DATES: Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 202-482-3857 (Russia), 
or Carrie Bethea at 202-482-1491 (UAE), AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of these 
investigations on April 26, 2017.\1\ For a complete description of the 
events that followed the initiation of these investigations, see the 
Preliminary Decision Memorandum dated concurrently with these 
determinations and hereby adopted by this notice.\2\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary Decision Memorandum is 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 found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the 
Republic of Korea, the Russian Federation, South Africa, Spain, the 
Republic of Turkey, Ukraine, United Arab Emirates, and United 
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 
19207 (April 26, 2017) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less Than Fair Value Investigation of Carbon 
and Alloy Steel Wire Rod from the Russian Federation and the United 
Arab Emirates,'' dated concurrently with this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigations

    The products covered by these investigations are certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, less than 19.00 mm in actual solid cross-sectional 
diameter (wire rod). Interested parties filed comments regarding the 
scope of the investigations. On August 7, 2017, we issued a Preliminary 
Scope Decision Memorandum, which addressed these comments and 
established a briefing schedule for scope-related issues.\3\ As a 
result of the analysis contained therein, the scope language is 
unchanged from that in the Initiation Notice.\4\ For a full description 
of the scope of these investigations, see the ``Scope of the 
Investigations,'' in Appendix I.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from 
Belarus, Italy, the Republic of Korea, the Russian Federation, South 
Africa, Spain, the Republic of Turkey, Ukraine, the United Arab 
Emirates, and the United Kingdom: Scope Comments Decision Memorandum 
for the Preliminary Determinations,'' August 7, 2017 (Preliminary 
Scope Decision Memorandum).
    \4\ Id. at 20.
---------------------------------------------------------------------------

Methodology

    The Department is conducting these investigations in accordance 
with section 731 of the Tariff Act of 1930, as amended (the Act). 
Pursuant to section 776(a) of the Act, the Department preliminarily 
relied upon facts otherwise available to assign an estimated weighted-
average dumping margin to the mandatory respondents from Russia, Abinsk 
and NLMK Ural,

[[Page 42795]]

and the mandatory respondent from the UAE, Emirates Steel, because 
these respondents did not timely respond to the Department's 
antidumping duty questionnaire. See Preliminary Decision Memorandum for 
a complete explanation of the methodology and analysis underlying our 
preliminary application of adverse facts available.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually investigated, which shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act. We cannot apply the methodology 
described in section 735(c)(5)(A) of the Act to calculate the ``all-
others'' rate, as the margins in these preliminary determinations were 
both calculated under section 776 of the Act. In cases where no 
weighted-average dumping margins other than zero, de minimis, or those 
determined entirely under section 776 of the Act have been established 
for individually examined entities, in accordance with section 
735(c)(5)(B) of the Act, the Department averages the margins calculated 
by the petitioners in the petition and applies the result to ``all-
other'' entities not individually examined.\5\
---------------------------------------------------------------------------

    \5\ See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2 
(Sodium Nitrite from Germany Final Determination).
---------------------------------------------------------------------------

    With respect to Russia, in the Petition,\6\ the petitioners 
calculated six margins.\7\ Consistent with our practice, we assigned as 
the ``all-others'' rate, the simple average of the six dumping margins 
provided in the Petition, which is 436.76 percent.\8\ With respect to 
the UAE, in the Petition,\9\ the petitioners calculated only one 
margin. Therefore, we assigned as the ``all-others'' rate the only 
margin in the Petition, which is 84.10 percent.\10\
---------------------------------------------------------------------------

    \6\ See the Petitions for the Imposition of Antidumping Duties 
on Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic 
of Korea, the Russian Federation, the Republic of South Africa, 
Spain, Turkey, Ukraine, United Arab Emirates, and the United 
Kingdom, dated March 28, 2017 (the Petition).
    \7\ Id.
    \8\ Id.
    \9\ Id.
    \10\ See Certain Oil Country Tubular Goods From Thailand: 
Preliminary Determination of Sales at Less Than Fair Value, and 
Postponement of Final Determination, 79 FR 10487 (February 25, 
2014), and accompanying Preliminary Decision Memorandum, unchanged 
in Certain Oil Country Tubular Goods From India, the Republic of 
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular 
Goods From the Socialist Republic of Vietnam: Amended Final 
Determination of Sales at Less Than Fair Value, 79 FR 53691 
(September 10, 2014).
---------------------------------------------------------------------------

Affirmative Preliminary Determination of Critical Circumstances for 
Exporters and Producers of Wire Rod From Russia

    On July 6, 2017, the petitioners filed a timely critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206, alleging that critical circumstances exist with respect 
to imports of wire rod from Russia.\11\ The Department preliminarily 
determines that critical circumstances exist with respect to imports of 
wire rod from Russia for Abinsk, NLMK Ural, and all other exporters and 
producers. For a full description of the methodology and results of the 
Department's analysis, see the Preliminary Decision Memorandum.\12\
---------------------------------------------------------------------------

    \11\ See Letter to the Secretary from Petitioners re: Carbon and 
Alloy Steel Wire Rod from Russia, South Africa, Spain, Turkey, and 
the United Kingdom: Critical Circumstances Allegations, dated July 
6, 2017.
    \12\ See Preliminary Decision Memorandum at 10.
---------------------------------------------------------------------------

Preliminary Determination

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

                                 Russia
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Abinsk Electric Steel Works Ltd.............................      756.93
JSC NLMK-Ural...............................................      756.93
All-Others..................................................      436.80
------------------------------------------------------------------------


                                   UAE
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Emirates Steel Industries PJSC..............................       84.10
All-Others..................................................       84.10
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of wire rod from Russia and the UAE, as described in the 
``scope of the investigations'' section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. At such time, we will also instruct 
CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
to require a cash deposit equal to the margins indicated in the chart 
above.\13\
---------------------------------------------------------------------------

    \13\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    In addition, section 773(e)(2) of the Act provides that, given an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
later of (a) the date which is 90 days before the date on which the 
suspension of liquidation was first ordered, or (b) the date on which 
notice of initiation of the investigation was published. The Department 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise from Russia produced by Abinsk, NLMK Ural, and all 
other exporters and producers not individually examined. Therefore, in 
accordance with section 733(e)(2)(A) of the Act, the suspension of 
liquidation shall also apply to unliquidated entries of merchandise 
from the Russian exporters/producers identified in this paragraph that 
were entered, or withdrawn from warehouse, for consumption on or after 
the date which is 90 days before the publication of this notice.
    The suspension of liquidation will remain in effect until further 
notice.

Verification

    Because the mandatory respondents in these investigations did not 
provide the information requested and the Department preliminarily 
determines these respondents to have been uncooperative, the Department 
will not conduct verifications.

Public Comment

    Pursuant to the schedule established in the Preliminary Scope 
Decision Memorandum, case briefs pertaining to the Department's 
preliminary scope determinations may be submitted no later than 
September 6, 2017.\14\ Rebuttal scope briefs, limited to issues raised 
in the scope case briefs, may be submitted

[[Page 42796]]

no later than September 13, 2017.\15\ For all scope issues, parties 
must file separate but identical submissions on the records of all of 
the ongoing antidumping and countervailing duty wire rod 
investigations.\16\
---------------------------------------------------------------------------

    \14\ See Preliminary Scope Decision Memorandum at 4.
    \15\ Id.
    \16\ Id.
---------------------------------------------------------------------------

    Case briefs or other written comments pertaining to these 
preliminary determinations for Russia and UAE may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of these preliminary 
determinations.\17\ Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\18\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in these proceedings 
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.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303.
    \18\ See 19 CFR 351.309(d); 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. All documents 
must be filed electronically using ACCESS. An electronically-filed 
request must be received successfully in its entirety by ACCESS by 5:00 
p.m. Eastern Time, within 30 days after the date of publication of this 
notice.\19\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

U.S. International Trade Commission Notification

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

    Dated: September 5, 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 Investigations

    The merchandise covered by these investigations are certain hot-
rolled products of carbon steel and alloy steel, in coils, of 
approximately round cross section, less than 19.00 mm in actual 
solid cross-sectional diameter. Specifically excluded are steel 
products possessing the above-noted physical characteristics and 
meeting the Harmonized Tariff Schedule of the United States (HTSUS) 
definitions for (a) stainless steel; (b) tool steel; (c) high-nickel 
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and 
rods. Also excluded are free cutting steel (also known as free 
machining steel) products (i.e., products that contain by weight one 
or more of the following elements: 0.1 percent or more of lead, 0.05 
percent or more of bismuth, 0.08 percent or more of sulfur, more 
than 0.04 percent of phosphorous, more than 0.05 percent of 
selenium, or more than 0.01 percent of tellurium). All products 
meeting the physical description of subject merchandise that are not 
specifically excluded are included in this scope.
    The products under investigation are currently classifiable 
under subheadings 7213.91.3011, 213.91.3015, 7213.91.3020, 
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigations
VI. Application of Facts Available and Use of Adverse Inference
VII. Affirmative Preliminary Determination of Critical Circumstances 
for Exporters and Producers of Wire Rod From Russia
VIII. Conclusion

[FR Doc. 2017-19289 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                42794                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                Appendix II—List of Companies for                       DEPARTMENT OF COMMERCE                                dated concurrently with these
                                                Which We Are Rescinding This                                                                                  determinations and hereby adopted by
                                                Administrative Review 17                                International Trade Administration                    this notice.2 A list of topics included in
                                                                                                        [A–821–824, A–520–808]                                the Preliminary Decision Memorandum
                                                1. Baoding Jiasheng Photovoltaic Technology                                                                   is included as Appendix II to this
                                                     Co. Ltd.
                                                                                                        Certain Carbon and Alloy Steel Wire                   notice. The Preliminary Decision
                                                2. Baoding Tianwei Yingli New Energy
                                                                                                        Rod From the Russian Federation and                   Memorandum is public document and
                                                     Resources Co., Ltd.
                                                                                                        the United Arab Emirates: Affirmative                 is on file electronically via Enforcement
                                                3. Beijing Tianneng Yingli New Energy
                                                                                                        Preliminary Determinations of Sales at                and Compliance’s Antidumping and
                                                     Resources Co. Ltd.
                                                                                                        Less Than Fair Value, and Affirmative                 Countervailing Duty Centralized
                                                4. BYD (Shangluo) Industrial Co., Ltd.
                                                                                                        Preliminary Determination of Critical                 Electronic Service System (ACCESS).
                                                5. Canadian Solar, Inc.
                                                                                                        Circumstances for Imports of Certain                  ACCESS is available to registered users
                                                6. Canadian Solar International, Ltd.
                                                                                                        Carbon and Alloy Steel Wire Rod From                  at https://access.trade.gov, and to all
                                                7. Canadian Solar Manufacturing (Changshu),
                                                                                                        the Russian Federation                                parties in the Central Records Unit,
                                                     Inc.
                                                                                                                                                              Room B8024 of the main Department of
                                                8. Canadian Solar Manufacturing (Luoyang),              AGENCY:  Enforcement and Compliance,                  Commerce building. In addition, a
                                                     Inc.                                               International Trade Administration,                   complete version of the Preliminary
                                                9. Hainan Yingli New Energy Resources Co.,              Department of Commerce.                               Decision Memorandum can be found at
                                                     Ltd.
                                                10. Hengshui Yingli New Energy Resources                SUMMARY: The Department of Commerce                   http://enforcement.trade.gov/frn/. The
                                                     Co., Ltd.                                          (the Department) preliminarily                        signed Preliminary Decision
                                                11. Jinko Solar Co., Ltd.                               determines that imports of carbon and                 Memorandum and the electronic
                                                12. Jinko Solar Import and Export Co., Ltd.             alloy steel wire rod (wire rod) from the              versions of the Preliminary Decision
                                                13. Lixian Yingli New Energy Resources Co.,             Russian Federation (Russia) and the                   Memorandum are identical in content.
                                                     Ltd.                                               United Arab Emirates (the UAE) are                    Scope of the Investigations
                                                14. Shanghai BYD Co., Ltd.                              being, or are likely to be, sold in the
                                                                                                        United States at less than fair value                    The products covered by these
                                                15. Shenzhen Jiawei Photovoltaic Lighting
                                                                                                        (LTFV). The period of these                           investigations are certain hot-rolled
                                                     Co., Ltd.
                                                                                                        investigations (POI) is January 1, 2016,              products of carbon steel and alloy steel,
                                                16. Shenzhen Yingli New Energy Resources
                                                                                                        through December 31, 2016. Abinsk                     in coils, of approximately round cross
                                                     Co., Ltd.
                                                                                                        Electric Steel Works Ltd. (Abinsk) and                section, less than 19.00 mm in actual
                                                17. Tianjin Yingli New Energy Resources Co.,
                                                                                                        JSC NLMK-Ural (NLMK Ural) are the                     solid cross-sectional diameter (wire
                                                     Ltd.
                                                                                                        mandatory respondents in the Russia                   rod). Interested parties filed comments
                                                18. Wuxi Suntech Power Co., Ltd.
                                                                                                        investigation. Emirates Steel Industries              regarding the scope of the
                                                19. Yingli Energy (China) Co., Ltd.
                                                                                                        PJSC (Emirates Steel) is the mandatory                investigations. On August 7, 2017, we
                                                20. Yingli Green Energy Holding Company
                                                                                                        respondent in the UAE investigation.                  issued a Preliminary Scope Decision
                                                     Limited
                                                21. Yingli Green Energy International                   The estimated weighted average                        Memorandum, which addressed these
                                                     Trading Company Limited                            dumping margins of sales at LTFV are                  comments and established a briefing
                                                22. Zhejiang Jinko Solar Co., Ltd.                      shown in the ‘‘Preliminary                            schedule for scope-related issues.3 As a
                                                                                                        Determinations’’ section of this notice.              result of the analysis contained therein,
                                                Appendix III—List of Non-Selected                       Interested parties are invited to                     the scope language is unchanged from
                                                Companies Under Review                                  comment on these preliminary                          that in the Initiation Notice.4 For a full
                                                                                                        determinations.                                       description of the scope of these
                                                1. Chint Solar (Zhejiang) Co., Ltd.
                                                                                                                                                              investigations, see the ‘‘Scope of the
                                                2. Hefei JA Solar Technology Co., Ltd.                  DATES:   Applicable September 12, 2017.               Investigations,’’ in Appendix I.
                                                3. Perlight Solar Co., Ltd.
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                4. Risen Energy Co., Ltd.                                                                                     Methodology
                                                                                                        Kaitlin Wojnar, 202–482–3857 (Russia),
                                                5. Shanghai JA Solar Technology Co., Ltd.                                                                        The Department is conducting these
                                                                                                        or Carrie Bethea at 202–482–1491
                                                6. Shenzhen Sungold Solar Co., Ltd.                                                                           investigations in accordance with
                                                                                                        (UAE), AD/CVD Operations,
                                                7. Sunny Apex Development Limited                                                                             section 731 of the Tariff Act of 1930, as
                                                                                                        Enforcement and Compliance,
                                                [FR Doc. 2017–19292 Filed 9–11–17; 8:45 am]             International Trade Administration,                   amended (the Act). Pursuant to section
                                                BILLING CODE 3510–DS–P                                  U.S. Department of Commerce, 1401                     776(a) of the Act, the Department
                                                                                                        Constitution Avenue NW., Washington,                  preliminarily relied upon facts
                                                                                                        DC 20230.                                             otherwise available to assign an
                                                                                                                                                              estimated weighted-average dumping
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              margin to the mandatory respondents
                                                                                                        Background                                            from Russia, Abinsk and NLMK Ural,
                                                                                                          The Department published the notice                   2 See Memorandum, ‘‘Decision Memorandum for
                                                                                                        of initiation of these investigations on              the Preliminary Determination in the Less Than
                                                                                                        April 26, 2017.1 For a complete                       Fair Value Investigation of Carbon and Alloy Steel
                                                                                                        description of the events that followed               Wire Rod from the Russian Federation and the
                                                                                                        the initiation of these investigations, see           United Arab Emirates,’’ dated concurrently with
pmangrum on DSK3GDR082PROD with NOTICES1




                                                                                                                                                              this notice (Preliminary Decision Memorandum).
                                                                                                        the Preliminary Decision Memorandum                     3 See Memorandum, ‘‘Carbon and Alloy Steel

                                                                                                                                                              Wire Rod from Belarus, Italy, the Republic of Korea,
                                                                                                           1 See Carbon and Alloy Steel Wire Rod from         the Russian Federation, South Africa, Spain, the
                                                                                                        Belarus, Italy, the Republic of Korea, the Russian    Republic of Turkey, Ukraine, the United Arab
                                                                                                        Federation, South Africa, Spain, the Republic of      Emirates, and the United Kingdom: Scope
                                                                                                        Turkey, Ukraine, United Arab Emirates, and United     Comments Decision Memorandum for the
                                                  17 See Issues and Decision Memorandum at the
                                                                                                        Kingdom: Initiation of Less-Than-Fair-Value           Preliminary Determinations,’’ August 7, 2017
                                                section, ‘‘Partial Rescission of Administrative         Investigations, 82 FR 19207 (April 26, 2017)          (Preliminary Scope Decision Memorandum).
                                                Review.’’                                               (Initiation Notice).                                    4 Id. at 20.




                                           VerDate Sep<11>2014   19:18 Sep 11, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\12SEN1.SGM   12SEN1


                                                                          Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices                                                     42795

                                                and the mandatory respondent from the                   we assigned as the ‘‘all-others’’ rate the                liquidation of all entries of wire rod
                                                UAE, Emirates Steel, because these                      only margin in the Petition, which is                     from Russia and the UAE, as described
                                                respondents did not timely respond to                   84.10 percent.10                                          in the ‘‘scope of the investigations’’
                                                the Department’s antidumping duty                                                                                 section entered, or withdrawn from
                                                                                                        Affirmative Preliminary Determination
                                                questionnaire. See Preliminary Decision                                                                           warehouse, for consumption on or after
                                                                                                        of Critical Circumstances for Exporters
                                                Memorandum for a complete                                                                                         the date of publication of this notice in
                                                                                                        and Producers of Wire Rod From
                                                explanation of the methodology and                                                                                the Federal Register. At such time, we
                                                                                                        Russia
                                                analysis underlying our preliminary                                                                               will also instruct CBP, pursuant to
                                                application of adverse facts available.                    On July 6, 2017, the petitioners filed                 section 733(d)(1)(B) of the Act and 19
                                                                                                        a timely critical circumstances                           CFR 351.205(d), to require a cash
                                                All-Others Rate                                         allegation, pursuant to section 733(e)(1) deposit equal to the margins indicated
                                                   Sections 733(d)(1)(A)(ii) and                        of the Act and 19 CFR 351.206, alleging                   in the chart above.13
                                                735(c)(5)(A) of the Act provide that in                 that critical circumstances exist with                       In addition, section 773(e)(2) of the
                                                the preliminary determination the                       respect to imports of wire rod from                       Act provides that, given an affirmative
                                                Department shall determine an                           Russia.11 The Department preliminarily determination of critical circumstances,
                                                estimated all-others rate for all exporters             determines that critical circumstances                    any suspension of liquidation shall
                                                and producers not individually                          exist with respect to imports of wire rod apply to unliquidated entries of subject
                                                investigated, which shall be an amount                  from Russia for Abinsk, NLMK Ural,                        merchandise entered, or withdrawn
                                                equal to the weighted average of the                    and all other exporters and producers.                    from warehouse, for consumption on or
                                                estimated weighted-average dumping                      For a full description of the                             after the later of (a) the date which is 90
                                                margins established for exporters and                   methodology and results of the                            days before the date on which the
                                                producers individually investigated,                    Department’s analysis, see the                            suspension of liquidation was first
                                                excluding any zero and de minimis                       Preliminary Decision Memorandum.12                        ordered, or (b) the date on which notice
                                                margins, and any margins determined                     Preliminary Determination                                 of initiation of the investigation was
                                                entirely under section 776 of the Act.                                                                            published. The Department
                                                We cannot apply the methodology                            The Department preliminarily                           preliminarily finds that critical
                                                described in section 735(c)(5)(A) of the                determines that the following weighted- circumstances exist for imports of
                                                Act to calculate the ‘‘all-others’’ rate, as            average dumping margins exist:                            subject merchandise from Russia
                                                the margins in these preliminary                                                                                  produced by Abinsk, NLMK Ural, and
                                                determinations were both calculated                                             RUSSIA                            all other exporters and producers not
                                                under section 776 of the Act. In cases                                                                            individually examined. Therefore, in
                                                                                                                                                        Weighted-
                                                where no weighted-average dumping                                                                        average  accordance with section 733(e)(2)(A) of
                                                margins other than zero, de minimis, or                         Exporter/producer                                 the Act, the suspension of liquidation
                                                                                                                                                          margin
                                                those determined entirely under section                                                                 (percent) shall also apply to unliquidated entries
                                                776 of the Act have been established for                                                                          of merchandise from the Russian
                                                individually examined entities, in                      Abinsk Electric Steel Works Ltd                    756.93
                                                                                                        JSC NLMK-Ural ..........................           756.93
                                                                                                                                                                  exporters/producers identified in this
                                                accordance with section 735(c)(5)(B) of                 All-Others ....................................    436.80 paragraph that were entered, or
                                                the Act, the Department averages the                                                                              withdrawn from warehouse, for
                                                margins calculated by the petitioners in                                                                          consumption on or after the date which
                                                the petition and applies the result to                                             UAE                            is 90 days before the publication of this
                                                ‘‘all-other’’ entities not individually                                                                           notice.
                                                examined.5                                                                                              Weighted-    The suspension of liquidation will
                                                   With respect to Russia, in the                                                                        average
                                                                                                                Exporter/producer                         margin  remain   in effect until further notice.
                                                Petition,6 the petitioners calculated six                                                         (percent)
                                                margins.7 Consistent with our practice,                                                                       Verification
                                                we assigned as the ‘‘all-others’’ rate, the             Emirates Steel Industries PJSC                  84.10    Because the mandatory respondents
                                                simple average of the six dumping                       All-Others .................................... 84.10 in these investigations did not provide
                                                margins provided in the Petition, which                                                                       the information requested and the
                                                is 436.76 percent.8 With respect to the                 Suspension of Liquidation                             Department preliminarily determines
                                                UAE, in the Petition,9 the petitioners                     In accordance with section 733(d)(2)               these respondents to have been
                                                calculated only one margin. Therefore,                  of the Act, we will direct U.S. Customs               uncooperative, the Department will not
                                                                                                        and Border Protection (CBP) to suspend conduct verifications.
                                                  5 See Notice of Preliminary Determination of

                                                Sales at Less Than Fair Value: Sodium Nitrite from
                                                                                                                                                              Public Comment
                                                                                                          10 See Certain Oil Country Tubular Goods From
                                                the Federal Republic of Germany, 73 FR 21909,                                                                    Pursuant to the schedule established
                                                21912 (April 23, 2008), unchanged in Notice of          Thailand: Preliminary Determination of Sales at
                                                Final Determination of Sales at Less Than Fair
                                                                                                        Less Than Fair Value, and Postponement of Final       in the Preliminary Scope Decision
                                                Value: Sodium Nitrite from the Federal Republic of
                                                                                                        Determination, 79 FR 10487 (February 25, 2014),       Memorandum, case briefs pertaining to
                                                                                                        and accompanying Preliminary Decision
                                                Germany, 73 FR 38986, 38987 (July 8, 2008), and
                                                                                                        Memorandum, unchanged in Certain Oil Country
                                                                                                                                                              the Department’s preliminary scope
                                                accompanying Issues and Decision Memorandum at                                                                determinations may be submitted no
                                                                                                        Tubular Goods From India, the Republic of Korea,
                                                Comment 2 (Sodium Nitrite from Germany Final
                                                Determination).
                                                                                                        Taiwan, the Republic of Turkey, and the Socialist     later than September 6, 2017.14 Rebuttal
                                                                                                        Republic of Vietnam: Antidumping Duty Orders;         scope briefs, limited to issues raised in
pmangrum on DSK3GDR082PROD with NOTICES1




                                                  6 See the Petitions for the Imposition of
                                                                                                        and Certain Oil Country Tubular Goods From the
                                                Antidumping Duties on Carbon and Alloy Steel            Socialist Republic of Vietnam: Amended Final          the scope case briefs, may be submitted
                                                Wire Rod from Belarus, Italy, the Republic of Korea,    Determination of Sales at Less Than Fair Value, 79
                                                the Russian Federation, the Republic of South           FR 53691 (September 10, 2014).                             13 See Modification of Regulations Regarding the
                                                Africa, Spain, Turkey, Ukraine, United Arab               11 See Letter to the Secretary from Petitioners re:   Practice of Accepting Bonds During the Provisional
                                                Emirates, and the United Kingdom, dated March 28,       Carbon and Alloy Steel Wire Rod from Russia,            Measures Period in Antidumping and
                                                2017 (the Petition).                                    South Africa, Spain, Turkey, and the United             Countervailing Duty Investigations, 76 FR 61042
                                                  7 Id.
                                                                                                        Kingdom: Critical Circumstances Allegations, dated      (October 3, 2011).
                                                  8 Id.                                                 July 6, 2017.                                              14 See Preliminary Scope Decision Memorandum
                                                  9 Id.                                                   12 See Preliminary Decision Memorandum at 10.         at 4.



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                                                42796                      Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                no later than September 13, 2017.15 For                  preliminary determination or 45 days                  VIII. Conclusion
                                                all scope issues, parties must file                      after our final determination whether                 [FR Doc. 2017–19289 Filed 9–11–17; 8:45 am]
                                                separate but identical submissions on                    these imports are materially injuring, or             BILLING CODE 3510–DS–P
                                                the records of all of the ongoing                        threaten material injury to, the U.S.
                                                antidumping and countervailing duty                      industry.
                                                wire rod investigations.16                                  This determination is issued and                   DEPARTMENT OF COMMERCE
                                                   Case briefs or other written comments                 published in accordance with sections
                                                pertaining to these preliminary                          733(f) and 777(i)(1) of the Act and 19                International Trade Administration
                                                determinations for Russia and UAE may                    CFR 351.205(c).                                       [A–822–806]
                                                be submitted to the Assistant Secretary
                                                                                                           Dated: September 5, 2017.
                                                for Enforcement and Compliance no                                                                              Carbon and Alloy Steel Wire Rod From
                                                later than 30 days after the date of                     Gary Taverman,
                                                                                                                                                               Belarus: Preliminary Affirmative
                                                publication of these preliminary                         Deputy Assistant Secretary for Antidumping
                                                                                                         and Countervailing Duty Operations,
                                                                                                                                                               Determination of Sales at Less Than
                                                determinations.17 Rebuttal briefs,                                                                             Fair Value
                                                limited to issues raised in case briefs,                 performing the non-exclusive functions and
                                                                                                         duties of the Assistant Secretary for                 AGENCY:   Enforcement and Compliance,
                                                may be submitted no later than five days                 Enforcement and Compliance.
                                                after the deadline date for case briefs.18                                                                     International Trade Administration,
                                                Pursuant to 19 CFR 351.309(c)(2) and                     Appendix I—Scope of the                               Department of Commerce.
                                                (d)(2), parties who submit case briefs or                Investigations                                        SUMMARY: The Department of Commerce
                                                rebuttal briefs in these proceedings are                    The merchandise covered by these                   (the Department) preliminarily
                                                encouraged to submit with each                           investigations are certain hot-rolled products        determines that carbon and alloy steel
                                                argument: (1) A statement of the issue;                  of carbon steel and alloy steel, in coils, of         wire rod (wire rod) from Belarus is
                                                (2) a brief summary of the argument;                     approximately round cross section, less than          being, or likely to be, sold in the United
                                                and (3) a table of authorities.                          19.00 mm in actual solid cross-sectional              States at less than fair value (LTFV). The
                                                   Pursuant to 19 CFR 351.310(c),                        diameter. Specifically excluded are steel             period of investigation (POI) is July 1,
                                                interested parties who wish to request a                 products possessing the above-noted physical          2016, through December 31, 2016.
                                                hearing, limited to issues raised in the                 characteristics and meeting the Harmonized
                                                                                                         Tariff Schedule of the United States (HTSUS)          DATES: Applicable September 12, 2017.
                                                case and rebuttal briefs, must submit a
                                                written request to the Assistant                         definitions for (a) stainless steel; (b) tool         FOR FURTHER INFORMATION CONTACT:
                                                                                                         steel; (c) high-nickel steel; (d) ball bearing        Rebecca Janz or Blaine Wiltse, AD/CVD
                                                Secretary for Enforcement and                            steel; or (e) concrete reinforcing bars and
                                                Compliance, U.S. Department of                                                                                 Operations, Office II, Enforcement and
                                                                                                         rods. Also excluded are free cutting steel            Compliance, International Trade
                                                Commerce. All documents must be filed                    (also known as free machining steel)
                                                electronically using ACCESS. An                                                                                Administration, U.S. Department of
                                                                                                         products (i.e., products that contain by
                                                electronically-filed request must be                     weight one or more of the following                   Commerce, 1401 Constitution Avenue
                                                received successfully in its entirety by                 elements: 0.1 percent or more of lead, 0.05           NW., Washington, DC 20230; telephone:
                                                ACCESS by 5:00 p.m. Eastern Time,                        percent or more of bismuth, 0.08 percent or           (202) 482–2972 or (202) 482–6345,
                                                within 30 days after the date of                         more of sulfur, more than 0.04 percent of             respectively.
                                                publication of this notice.19 Requests                   phosphorous, more than 0.05 percent of
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                should contain the party’s name,                         selenium, or more than 0.01 percent of
                                                                                                         tellurium). All products meeting the physical         Background
                                                address, and telephone number, the                       description of subject merchandise that are
                                                number of participants, and a list of the                not specifically excluded are included in this           This preliminary determination is
                                                issues to be discussed. If a request for                 scope.                                                made in accordance with section 733(b)
                                                a hearing is made, the Department                           The products under investigation are               of the Tariff Act of 1930, as amended
                                                intends to hold the hearing at the U.S.                  currently classifiable under subheadings              (the Act). The Department published the
                                                Department of Commerce, 1401                             7213.91.3011, 213.91.3015, 7213.91.3020,              notice of initiation of this investigation
                                                Constitution Avenue NW., Washington,                     7213.91.3093; 7213.91.4500, 7213.91.6000,             on April 26, 2017.1 For a complete
                                                DC 20230, at a time and date to be                       7213.99.0030, 7227.20.0030, 7227.20.0080,             description of the events that followed
                                                determined. Parties should confirm by                    7227.90.6010, 7227.90.6020, 7227.90.6030,
                                                                                                                                                               the initiation of this investigation, see
                                                telephone the date, time, and location of                and 7227.90.6035 of the HTSUS. Products
                                                                                                         entered under subheadings 7213.99.0090 and            the Preliminary Decision
                                                the hearing two days before the                          7227.90.6090 of the HTSUS also may be                 Memorandum.2 A list of topics included
                                                scheduled date.                                          included in this scope if they meet the               in the Preliminary Decision
                                                U.S. International Trade Commission                      physical description of subject merchandise           Memorandum is included as Appendix
                                                Notification                                             above. Although the HTSUS subheadings are             II to this notice. The Preliminary
                                                                                                         provided for convenience and customs                  Decision Memorandum is a public
                                                   In accordance with section 733(f) of                  purposes, the written description of the              document and is on file electronically
                                                the Act, we are notifying the U.S.                       scope of this proceeding is dispositive.              via Enforcement and Compliance’s
                                                International Trade Commission (ITC) of                                                                        Antidumping and Countervailing Duty
                                                our affirmative preliminary                              Appendix II—List of Topics Discussed
                                                determination of sales at LTFV. If our                   in the Preliminary Decision
                                                                                                                                                                  1 See Carbon and Alloy Steel Wire Rod from
                                                final determination is affirmative, the                  Memorandum
                                                                                                                                                               Belarus, Italy, the Republic of Korea, the Russian
                                                ITC will determine before the later of                   I. Summary                                            Federation, South Africa, Spain, the Republic of
pmangrum on DSK3GDR082PROD with NOTICES1




                                                120 days after the date of this                          II. Background                                        Turkey, Ukraine, United Arab Emirates, and United
                                                                                                         III. Period of Investigation                          Kingdom: Initiation of Less-Than-Fair-Value
                                                  15 Id.                                                 IV. Scope Comments                                    Investigations, 82 FR 19207 (April 26, 2017)
                                                                                                                                                               (Initiation Notice).
                                                  16 Id.                                                 V. Scope of the Investigations                           2 See Memorandum, ‘‘Decision Memorandum for
                                                  17 See 19 CFR 351.309(c)(1)(i); see also 19 CFR        VI. Application of Facts Available and Use of         the Preliminary Determination in the Less-Than-
                                                351.303.                                                       Adverse Inference                               Fair-Value Investigation of Carbon and Alloy Steel
                                                  18 See 19 CFR 351.309(d); see also 19 CFR              VII. Affirmative Preliminary Determination of         Wire Rod from Belarus,’’ dated concurrently with,
                                                351.303 (for general filing requirements).                     Critical Circumstances for Exporters and        and hereby adopted by, this notice (Preliminary
                                                  19 See 19 CFR 351.310(c).                                    Producers of Wire Rod From Russia               Decision Memorandum).



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Document Created: 2018-10-24 14:16:14
Document Modified: 2018-10-24 14:16:14
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
DatesApplicable September 12, 2017.
ContactKaitlin Wojnar, 202-482-3857 (Russia), or Carrie Bethea at 202-482-1491 (UAE), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 42794 

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