82_FR_42971 82 FR 42796 - Carbon and Alloy Steel Wire Rod From Belarus: Preliminary Affirmative Determination of Sales at Less Than Fair Value

82 FR 42796 - Carbon and Alloy Steel Wire Rod From Belarus: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range42796-42798
FR Document2017-19286

The Department of Commerce (the Department) preliminarily determines that carbon and alloy steel wire rod (wire rod) from Belarus is being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 175 (Tuesday, September 12, 2017)
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42796-42798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-822-806]


Carbon and Alloy Steel Wire Rod From Belarus: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that carbon and alloy steel wire rod (wire rod) from Belarus 
is being, or likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is July 1, 2016, 
through December 31, 2016.

DATES: Applicable September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Blaine Wiltse, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-6345, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on April 26, 
2017.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty

[[Page 42797]]

Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See 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 Belarus,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is steel wire rod from 
Belarus. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice, 82 FR at 19207-08.
    \5\ 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,'' dated August 7, 2017 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Byelorussian Steel Works (BSW), the only 
mandatory respondent in this investigation and part of the Belarus-wide 
entity, failed to respond to sections C and D of the Department's 
antidumping duty questionnaire. Thus, the Department relied on the 
facts otherwise available on the record.\6\ Additionally, because we 
find that the Belarus-wide entity did not act to the best of its 
ability to respond to the Department's request for information, we drew 
an adverse inference in selecting from among the facts otherwise 
available on the record.\7\ For further information, see ``Use of Facts 
Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See section 776(a) of the Act.
    \7\ See section 776(b) of the Act.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice,\8\ the Department stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\ In this preliminary determination, 
because no respondent qualified for a separate rate, we did not 
calculate producer/exporter combination rates.
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 82 FR at 19212.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated dumping margin exists:

------------------------------------------------------------------------
                                                               Estimated
                                                                dumping
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
BELARUS-WIDE ENTITY \10\....................................      280.02
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, as discussed below. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the weighted average 
amount by which normal value exceeds U.S. price.
---------------------------------------------------------------------------

    \10\ As detailed in the Preliminary Decision Memorandum, BSW, 
the sole mandatory respondent in this investigation, did not 
demonstrate that it was entitled to a separate rate. Accordingly, we 
consider this company to be part of the Belarus-wide entity.
---------------------------------------------------------------------------

    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because the 
Department preliminarily applied adverse facts available (AFA) to the 
Belarus-wide entity in this investigation in accordance with section 
776 of the Act, and the applied AFA rate is based solely on information 
derived from the petition, there are no preliminary calculations to 
disclose.

Verification

    Because the mandatory respondent in this investigation, BSW, did 
not provide information requested by the Department, and the Department 
preliminarily determines that BSW has been uncooperative, we will not 
conduct verification under section 782(i)(1) of the Act.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

[[Page 42798]]

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
the Department will issue the final determination within 75 days after 
the date of its preliminary determination. Accordingly, the Department 
will make its final determination no later than 75 days after the 
signature date of this preliminary determination, unless extended.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: 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 Investigation

    The merchandise covered by this investigation 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, 7213.91.3015, 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. Discussion of the Methodology
    A. Non-Market Economy (NME) Country
    B. Separate Rates
    C. Companies Not Receiving a Separate Rate
    D. The Belarus-Wide Entity
VI. Application of Facts Available and Adverse Inferences
VII. Conclusion

[FR Doc. 2017-19286 Filed 9-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                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).



                                           VerDate Sep<11>2014   15:19 Sep 11, 2017   Jkt 241001    PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\12SEN1.SGM   12SEN1


                                                                          Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices                                                    42797

                                                Centralized Electronic Service System                   Facts Otherwise Available and Adverse                  there is no public announcement,
                                                (ACCESS). ACCESS is available to                        Inferences’’ in the Preliminary Decision               within five days of the date of
                                                registered users at https://                            Memorandum.                                            publication of this notice in accordance
                                                access.trade.gov, and to all parties in the                                                                    with 19 CFR 351.224(b). However,
                                                                                                        Combination Rates
                                                Central Records Unit, Room B8024 of                                                                            because the Department preliminarily
                                                the main Department of Commerce                           In the Initiation Notice,8 the                       applied adverse facts available (AFA) to
                                                building. In addition, a complete                       Department stated that it would                        the Belarus-wide entity in this
                                                version of the Preliminary Decision                     calculate producer/exporter                            investigation in accordance with section
                                                Memorandum can be accessed directly                     combination rates for the respondents                  776 of the Act, and the applied AFA rate
                                                at http://enforcement.trade.gov/frn/.                   that are eligible for a separate rate in               is based solely on information derived
                                                The signed and the electronic versions                  this investigation. Policy Bulletin 05.1               from the petition, there are no
                                                of the Preliminary Decision                             describes this practice.9 In this                      preliminary calculations to disclose.
                                                Memorandum are identical in content.                    preliminary determination, because no
                                                                                                        respondent qualified for a separate rate,              Verification
                                                Scope of the Investigation
                                                                                                        we did not calculate producer/exporter
                                                  The product covered by this                           combination rates.                                       Because the mandatory respondent in
                                                investigation is steel wire rod from                                                                           this investigation, BSW, did not provide
                                                Belarus. For a complete description of                  Preliminary Determination                              information requested by the
                                                the scope of this investigation, see                      The Department preliminarily                         Department, and the Department
                                                Appendix I.                                             determines that the following estimated                preliminarily determines that BSW has
                                                                                                        dumping margin exists:                                 been uncooperative, we will not
                                                Scope Comments                                                                                                 conduct verification under section
                                                  In accordance with the preamble to                                                             Estimated     782(i)(1) of the Act.
                                                the Department’s regulations,3 the                                                               dumping
                                                                                                                      Exporter                                 Public Comment
                                                Initiation Notice set aside a period of                                                           margin
                                                                                                                                                 (percent)
                                                time for parties to raise issues regarding                                                                        Case briefs or other written comments
                                                product coverage (scope).4 Certain                      BELARUS–WIDE ENTITY 10 ......                280.02    may be submitted to the Assistant
                                                interested parties commented on the                                                                            Secretary for Enforcement and
                                                scope of the investigation as it appeared               Suspension of Liquidation                              Compliance no later than 30 days after
                                                in the Initiation Notice. For a summary                                                                        the date of publication of the
                                                of the product coverage comments and                      In accordance with section 733(d)(2)
                                                                                                        of the Act, the Department will direct                 preliminary determination. Rebuttal
                                                rebuttal responses submitted to the                                                                            briefs, limited to issues raised in case
                                                record for this investigation, and                      U.S. Customs and Border Protection
                                                                                                        (CBP) to suspend liquidation of subject                briefs, may be submitted no later than
                                                accompanying discussion and analysis                                                                           five days after the deadline date for case
                                                of all comments timely received, see the                merchandise as described in the scope
                                                                                                        of the investigation section entered, or               briefs.11 Pursuant to 19 CFR
                                                Preliminary Scope Decision                                                                                     351.309(c)(2) and (d)(2), parties who
                                                Memorandum.5                                            withdrawn from warehouse, for
                                                                                                        consumption on or after the date of                    submit case briefs or rebuttal briefs in
                                                Methodology                                             publication of this notice in the Federal              this investigation are encouraged to
                                                  The Department is conducting this                     Register, as discussed below. Further,                 submit with each argument: (1) A
                                                investigation in accordance with section                pursuant to section 733(d)(1)(B) of the                statement of the issue; (2) a brief
                                                731 of the Act. Byelorussian Steel                      Act and 19 CFR 351.205(d), the                         summary of the argument; and (3) a
                                                Works (BSW), the only mandatory                         Department will instruct CBP to require                table of authorities.
                                                respondent in this investigation and                    a cash deposit equal to the weighted                      Pursuant to 19 CFR 351.310(c),
                                                part of the Belarus-wide entity, failed to              average amount by which normal value                   interested parties who wish to request a
                                                respond to sections C and D of the                      exceeds U.S. price.                                    hearing, limited to issues raised in the
                                                Department’s antidumping duty                             These suspension of liquidation                      case and rebuttal briefs, must submit a
                                                questionnaire. Thus, the Department                     instructions will remain in effect until               written request to the Assistant
                                                relied on the facts otherwise available                 further notice.                                        Secretary for Enforcement and
                                                on the record.6 Additionally, because                   Disclosure                                             Compliance, U.S. Department of
                                                we find that the Belarus-wide entity did                                                                       Commerce, within 30 days after the date
                                                not act to the best of its ability to                     Normally, the Department discloses to
                                                                                                                                                               of publication of this notice. Requests
                                                respond to the Department’s request for                 interested parties the calculations
                                                                                                                                                               should contain the party’s name,
                                                information, we drew an adverse                         performed in connection with a
                                                                                                                                                               address, and telephone number, the
                                                inference in selecting from among the                   preliminary determination within five
                                                                                                                                                               number of participants, whether any
                                                facts otherwise available on the record.7               days of its public announcement or, if
                                                                                                                                                               participant is a foreign national, and a
                                                For further information, see ‘‘Use of                     8 See
                                                                                                                                                               list of the issues to be discussed. If a
                                                                                                                 Initiation Notice, 82 FR at 19212.
                                                                                                          9 See  Enforcement and Compliance’s Policy
                                                                                                                                                               request for a hearing is made, the
                                                  3 See Antidumping Duties; Countervailing Duties,      Bulletin No. 05.1, regarding, ‘‘Separate-Rates         Department intends to hold the hearing
                                                Final Rule, 62 FR 27296, 27323 (May 19, 1997).          Practice and Application of Combination Rates in       at the U.S. Department of Commerce,
                                                  4 See Initiation Notice, 82 FR at 19207–08.
                                                                                                        Antidumping Investigations involving Non-Market        1401 Constitution Avenue NW.,
pmangrum on DSK3GDR082PROD with NOTICES1




                                                  5 See Memorandum, ‘‘Carbon and Alloy Steel
                                                                                                        Economy Countries,’’ (April 5, 2005) (Policy
                                                Wire Rod from Belarus, Italy, the Republic of Korea,    Bulletin 05.1), available on the Department’s Web
                                                                                                                                                               Washington, DC 20230, at a time and
                                                the Russian Federation, South Africa, Spain, the        site at http://enforcement.trade.gov/policy/bull05-    date to be determined. Parties should
                                                Republic of Turkey, Ukraine, the United Arab            1.pdf.                                                 confirm by telephone the date, time, and
                                                Emirates, and the United Kingdom: Scope                    10 As detailed in the Preliminary Decision
                                                                                                                                                               location of the hearing two days before
                                                Comments Decision Memorandum for the                    Memorandum, BSW, the sole mandatory
                                                Preliminary Determinations,’’ dated August 7, 2017                                                             the scheduled date.
                                                                                                        respondent in this investigation, did not
                                                (Preliminary Scope Decision Memorandum).                demonstrate that it was entitled to a separate rate.
                                                  6 See section 776(a) of the Act.                                                                                11 See 19 CFR 351.309; see also 19 CFR 351.303
                                                                                                        Accordingly, we consider this company to be part
                                                  7 See section 776(b) of the Act.                      of the Belarus-wide entity.                            (for general filing requirements).




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                                                42798                     Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Notices

                                                Final Determination                                     7213.99.0030, 7227.20.0030, 7227.20.0080,             Monday, September 25, 2017 until 1
                                                                                                        7227.90.6010, 7227.90.6020, 7227.90.6030,             p.m. on Friday, September 29, 2017.
                                                   Section 735(a)(1) of the Act and 19                  and 7227.90.6035 of the HTSUS. Products
                                                CFR 351.210(b)(1) provide that the                                                                            ADDRESSES:
                                                                                                        entered under subheadings 7213.99.0090 and
                                                Department will issue the final                         7227.90.6090 of the HTSUS also may be                    Meeting address: The meeting will be
                                                determination within 75 days after the                  included in this scope if they meet the               held at the Town & Country Inn, 2008
                                                date of its preliminary determination.                  physical description of subject merchandise           Savannah Highway, Charleston, SC
                                                Accordingly, the Department will make                   above. Although the HTSUS subheadings are             29407; phone: (843) 571–1000; fax: (843)
                                                its final determination no later than 75                provided for convenience and customs                  766–9444.
                                                days after the signature date of this                   purposes, the written description of the                 Council address: South Atlantic
                                                                                                        scope of this proceeding is dispositive.              Fishery Management Council, 4055
                                                preliminary determination, unless
                                                extended.                                               Appendix II—List of Topics Discussed                  Faber Place Drive, Suite 201, N.
                                                                                                        in the Preliminary Decision                           Charleston, SC 29405.
                                                International Trade Commission                                                                                FOR FURTHER INFORMATION CONTACT: Kim
                                                Notification                                            Memorandum
                                                                                                                                                              Iverson, Public Information Officer,
                                                   In accordance with section 733(f) of                 I. Summary
                                                                                                                                                              SAFMC; phone: (843) 571–4366 or toll
                                                                                                        II. Background
                                                the Act, the Department will notify the                 III. Period of Investigation                          free (866) SAFMC–10; fax: (843) 769–
                                                International Trade Commission (ITC) of                 IV. Scope Comments                                    4520; email: kim.iverson@safmc.net.
                                                its preliminary determination of sales at               V. Discussion of the Methodology                      Meeting information is available from
                                                LTFV. If the final determination is                        A. Non-Market Economy (NME) Country                the Council’s Web site at: http://
                                                affirmative, the ITC will determine                        B. Separate Rates                                  safmc.net/meetings/council-meetings/.
                                                before the later of 120 days after the date                C. Companies Not Receiving a Separate              SUPPLEMENTARY INFORMATION: The
                                                of this preliminary determination or 45                       Rate                                            original notice published in the Federal
                                                days after the final determination                         D. The Belarus-Wide Entity
                                                                                                        VI. Application of Facts Available and
                                                                                                                                                              Register on August 25, 2017 (82 FR
                                                whether imports of the subject                                                                                40564).
                                                                                                              Adverse Inferences
                                                merchandise are materially injuring, or                 VII. Conclusion                                          Public comment: Written comments
                                                threaten material injury to, the U.S.                                                                         may be directed to Gregg Waugh,
                                                                                                        [FR Doc. 2017–19286 Filed 9–11–17; 8:45 am]
                                                industry.                                                                                                     Executive Director, South Atlantic
                                                                                                        BILLING CODE 3510–DS–P
                                                Notification to Interested Parties                                                                            Fishery Management Council (see
                                                                                                                                                              Council address) or electronically via
                                                  This determination is issued and                                                                            the Council’s Web site at http://
                                                published in accordance with sections                   DEPARTMENT OF COMMERCE
                                                                                                                                                              safmc.net/safmc-meetings/council-
                                                733(f) and 777(i)(1) of the Act and 19                                                                        meetings/. The public comment form is
                                                                                                        National Oceanic and Atmospheric
                                                CFR 351.205(c).                                                                                               open for use when the briefing book is
                                                                                                        Administration
                                                  Dated: September 5, 2017.                                                                                   posted to the Web site on the Friday,
                                                                                                        RIN 0648–XF632                                        two weeks prior to the regularly
                                                Gary Taverman,
                                                Deputy Assistant Secretary for Antidumping              South Atlantic Fishery Management                     scheduled Council meeting (8/25/17).
                                                and Countervailing Duty Operations,                     Council; Public Meeting                               Comments received by close of business
                                                performing the non-exclusive functions and                                                                    the Monday before the rescheduled
                                                duties of the Assistant Secretary for                   AGENCY:  National Marine Fisheries                    meeting (9/18/17) will be compiled,
                                                Enforcement and Compliance.                             Service (NMFS), National Oceanic and                  posted to the Web site as part of the
                                                Appendix I—Scope of the Investigation                   Atmospheric Administration (NOAA),                    meeting materials, and included in the
                                                                                                        Commerce.                                             administrative record; please use the
                                                   The merchandise covered by this                                                                            Council’s online form available from the
                                                                                                        ACTION: Announcement of rescheduled
                                                investigation are certain hot-rolled products
                                                of carbon steel and alloy steel, in coils, of           meeting of the South Atlantic Fishery                 Web site. For written comments
                                                approximately round cross section, less than            Management Council.                                   received after the Monday before the
                                                19.00 mm in actual solid cross-sectional                                                                      meeting (after 9/18/17), individuals
                                                diameter. Specifically excluded are steel               SUMMARY:   The South Atlantic Fishery                 submitting a comment must use the
                                                products possessing the above-noted physical            Management Council (Council) will                     Council’s online form available from the
                                                characteristics and meeting the Harmonized              hold meetings of the: Advisory Panel                  Web site. Comments will automatically
                                                Tariff Schedule of the United States (HTSUS)            Selection Committee (Closed); Habitat                 be posted to the Web site and available
                                                definitions for (a) stainless steel; (b) tool           Protection and Ecosystem-Based                        for Council consideration. Comments
                                                steel; (c) high-nickel steel; (d) ball bearing          Management Committee; Southeast                       received prior to noon on Thursday,
                                                steel; or (e) concrete reinforcing bars and             Data, Assessment and Review (SEDAR)
                                                rods. Also excluded are free cutting steel
                                                                                                                                                              September 28, 2017 will be a part of the
                                                                                                        Committee; Snapper Grouper                            meeting administrative record.
                                                (also known as free machining steel)
                                                                                                        Committee; Personnel Committee                           The items of discussion in the
                                                products (i.e., products that contain by
                                                weight one or more of the following                     (Closed); Mackerel Cobia Committee;                   individual meeting agendas are as
                                                elements: 0.1 percent or more of lead, 0.05             and Executive Finance Committee.                      follows:
                                                percent or more of bismuth, 0.08 percent or             There will also be meetings of the full
                                                more of sulfur, more than 0.04 percent of               Council. The Council will also hold two               Full Council Session, Monday,
                                                phosphorous, more than 0.05 percent of                  formal public comment sessions and                    September 25, 2017, 9 a.m. Until 5 p.m.
pmangrum on DSK3GDR082PROD with NOTICES1




                                                selenium, or more than 0.01 percent of                  take action as necessary.                               1. The Council will hold a special
                                                tellurium). All products meeting the physical             The meeting was originally scheduled                session to address management
                                                description of subject merchandise that are             for September 11–15, 2017, but has been               measures proposed for red snapper
                                                not specifically excluded are included in this          postponed due to the threat of
                                                scope.
                                                                                                                                                              following introductions and approval of
                                                   The products under investigation are
                                                                                                        Hurricane Irma.                                       the June 2017 Council meeting minutes.
                                                currently classifiable under subheadings                DATES: The Council meeting has been                   The Council will receive presentations
                                                7213.91.3011, 7213.91.3015, 7213.91.3020,               rescheduled for September 25–29, 2017.                on new red snapper data for
                                                7213.91.3093; 7213.91.4500, 7213.91.6000,               The meeting will be held from 9 a.m. on               consideration and discuss options for


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Document Created: 2018-10-24 14:14:31
Document Modified: 2018-10-24 14:14:31
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.
ContactRebecca Janz or Blaine Wiltse, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-6345, respectively.
FR Citation82 FR 42796 

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