82_FR_50584 82 FR 50375 - Carbon and Alloy Steel Wire Rod From Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value

82 FR 50375 - Carbon and Alloy Steel Wire Rod From Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50375-50377
FR Document2017-23648

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

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50375-50377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23648]



[[Page 50375]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-816]


Carbon and Alloy Steel Wire Rod From Ukraine: 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 Ukraine 
is being, or is likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation (POI) is January 1, 
2016, through December 31, 2016.

DATES: Applicable October 31, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock, Annathea Cook, or 
Courtney Canales, AD/CVD Operations, Office V, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-1394, (202) 482-0250, or (202) 482-4997, 
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\ On August 21, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
until October 24, 2017.\2\ For a complete description of the events 
that followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \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 Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, the Republic of South Africa, Spain, the Republic of 
Turkey, Ukraine and the United Kingdom: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 82 FR 
39564 (April 26, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Carbon 
and Alloy Steel Wire Rod from Ukraine'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are wire rod from 
Ukraine. 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,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ 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.\6\ Since the 
issuance of the Preliminary Scope Decision Memorandum, certain parties 
submitted scope case briefs or scope rebuttal briefs.\7\ The Department 
will issue a final scope decision on the records of the wire rod 
investigations after considering those comments submitted in scope case 
and rebuttal briefs.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ 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,'' (Preliminary Scope Decision 
Memorandum) dated August 7, 2017.
    \7\ See Preliminary Decision Memorandum.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
the Department has preliminarily relied upon facts otherwise available, 
with adverse inferences for ArcelorMittal Steel Kryvyi Rih (AMKR) and 
Public Joint Stock Company Yenakiieve Iron And Steel Works 
(Yenakiieve). The Department has preliminarily determined that Duferco 
S.A. (Duferco) was not the first in the supply chain to have knowledge 
that subject merchandise was destined for the U.S. and as such, has 
been deselected as a respondent in this proceeding. For further 
discussion, see the Preliminary Decision Memorandum.

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 examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) 
of the Act, if the estimated weighted-average dumping margins 
established for all exporters and producers individually examined are 
zero, de minimis or determined based entirely on facts otherwise 
available, the Department may use any reasonable method to establish 
the estimated weighted-average dumping margin for all-other producers 
or exporters.
    The Department has preliminarily determined the estimated weighted-
average dumping margin for each of the individually examined 
respondents under section 776 of the Act. Consequently, pursuant to 
section 735(c)(5)(B) of the Act, the Department's normal practice under 
these circumstances has been to calculate the ``all-others'' rate as a 
simple average of the alleged dumping margins from the petition.\8\
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    \8\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).

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[[Page 50376]]

Preliminary Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal Steel Kryvyi Rih..............................       44.03
Public Joint Stock Company Yenakiieve Iron And Steel Works..       44.03
All-Others..................................................       34.98
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I, entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), the Department will instruct CBP to require a cash deposit 
equal to the estimated weighted-average dumping margin or the estimated 
all-others rate, as follows: (1) The cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of preliminary determination in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because the Department preliminarily 
applied AFA to the individually examined companies, AMKR and 
Yenakiieve, in this investigation, in accordance with section 776 of 
the Act, and the applied AFA rate is based solely on the petition, 
there are no calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by the Department, and the Department 
preliminarily determines that each has been uncooperative, we will not 
conduct verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 50 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this 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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. 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.

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.

International Trade Commission

    In accordance with section 773(f) of the Act, the Department will 
notify the International Trade Comission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

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

    Dated: October 24, 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 products 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.

[[Page 50377]]

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Preliminary Determination of No Shipments
VI. Application of Facts Available and Adverse Inference
    A. Legal Standard
    B. Application of Facts Available with Adverse Inference for 
AMKR
    C. Application of Facts Available with Adverse Inference for 
Yenakiieve
    D. Selection and Corroboration of AFA Rate
    E. All-Others Rate
VIII. Conclusion

[FR Doc. 2017-23648 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                                    50375

                                                    DEPARTMENT OF COMMERCE                                  Memorandum is included as Appendix                     adverse inferences for ArcelorMittal
                                                                                                            II to this notice. The Preliminary                     Steel Kryvyi Rih (AMKR) and Public
                                                    International Trade Administration                      Decision Memorandum is a public                        Joint Stock Company Yenakiieve Iron
                                                    [A–823–816]                                             document and is on file electronically                 And Steel Works (Yenakiieve). The
                                                                                                            via Enforcement and Compliance’s                       Department has preliminarily
                                                    Carbon and Alloy Steel Wire Rod From                    Antidumping and Countervailing Duty                    determined that Duferco S.A. (Duferco)
                                                    Ukraine: Preliminary Affirmative                        Centralized Electronic Service System                  was not the first in the supply chain to
                                                    Determination of Sales at Less Than                     (ACCESS). ACCESS is available to                       have knowledge that subject
                                                    Fair Value                                              registered users at https://                           merchandise was destined for the U.S.
                                                                                                            access.trade.gov, and to all parties in the            and as such, has been deselected as a
                                                    AGENCY:   Enforcement and Compliance,                   Central Records Unit, room B8024 of the                respondent in this proceeding. For
                                                    International Trade Administration,                     main Department of Commerce                            further discussion, see the Preliminary
                                                    Department of Commerce.                                 building. In addition, a complete                      Decision Memorandum.
                                                    SUMMARY: The Department of Commerce                     version of the Preliminary Decision
                                                                                                            Memorandum can be accessed directly                    All-Others Rate
                                                    (the Department) preliminarily
                                                    determines that carbon and alloy steel                  at http://enforcement.trade.gov/frn/.                     Sections 733(d)(1)(A)(ii) and
                                                    wire rod (wire rod) from Ukraine is                     The signed Preliminary Decision                        735(c)(5)(A) of the Act provide that in
                                                    being, or is likely to be, sold in the                  Memorandum and the electronic                          the preliminary determination the
                                                    United States at less than fair value                   version are identical in content.                      Department shall determine an
                                                    (LTFV). The period of investigation                     Scope of the Investigation                             estimated all-others rate for all exporters
                                                    (POI) is January 1, 2016, through                                                                              and producers not individually
                                                    December 31, 2016.                                        The products covered by this                         examined. This rate shall be an amount
                                                                                                            investigation are wire rod from Ukraine.               equal to the weighted average of the
                                                    DATES: Applicable October 31, 2017.
                                                                                                            For a complete description of the scope                estimated weighted-average dumping
                                                    FOR FURTHER INFORMATION CONTACT: Julia                  of this investigation, see Appendix I.                 margins established for exporters and
                                                    Hancock, Annathea Cook, or Courtney
                                                                                                            Scope Comments                                         producers individually investigated,
                                                    Canales, AD/CVD Operations, Office V,
                                                                                                                                                                   excluding any zero and de minimis
                                                    Enforcement and Compliance,                                In accordance with the preamble to
                                                                                                                                                                   margins, and any margins determined
                                                    International Trade Administration,                     the Department’s regulations,4 the
                                                                                                                                                                   entirely under section 776 of the Act.
                                                    U.S. Department of Commerce, 1401                       Initiation Notice set aside a period of
                                                                                                                                                                   Pursuant to section 735(c)(5)(B) of the
                                                    Constitution Avenue NW., Washington,                    time for parties to raise issues regarding
                                                                                                                                                                   Act, if the estimated weighted-average
                                                    DC 20230; telephone: (202) 482–1394,                    product coverage (i.e., scope).5 Certain
                                                                                                                                                                   dumping margins established for all
                                                    (202) 482–0250, or (202) 482–4997,                      interested parties commented on the
                                                                                                                                                                   exporters and producers individually
                                                    respectively.                                           scope of the investigation as it appeared
                                                                                                                                                                   examined are zero, de minimis or
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            in the Initiation Notice. For a summary
                                                                                                                                                                   determined based entirely on facts
                                                                                                            of the product coverage comments and
                                                    Background                                                                                                     otherwise available, the Department
                                                                                                            rebuttal responses submitted to the
                                                                                                                                                                   may use any reasonable method to
                                                       This preliminary determination is                    record for this investigation, and
                                                                                                                                                                   establish the estimated weighted-
                                                    made in accordance with section 733(b)                  accompanying discussion and analysis
                                                                                                                                                                   average dumping margin for all-other
                                                    of the Tariff Act of 1930, as amended                   of all comments timely received, see the
                                                                                                                                                                   producers or exporters.
                                                    (the Act). The Department published the                 Preliminary Scope Decision
                                                                                                                                                                      The Department has preliminarily
                                                    notice of initiation of this investigation              Memorandum.6 Since the issuance of
                                                                                                                                                                   determined the estimated weighted-
                                                    on April 26, 2017.1 On August 21, 2017,                 the Preliminary Scope Decision
                                                                                                                                                                   average dumping margin for each of the
                                                    the Department postponed the                            Memorandum, certain parties submitted
                                                                                                                                                                   individually examined respondents
                                                    preliminary determination of this                       scope case briefs or scope rebuttal
                                                                                                                                                                   under section 776 of the Act.
                                                    investigation and the revised deadline is               briefs.7 The Department will issue a
                                                                                                                                                                   Consequently, pursuant to section
                                                    now until October 24, 2017.2 For a                      final scope decision on the records of
                                                                                                                                                                   735(c)(5)(B) of the Act, the Department’s
                                                    complete description of the events that                 the wire rod investigations after
                                                                                                                                                                   normal practice under these
                                                    followed the initiation of this                         considering those comments submitted
                                                                                                                                                                   circumstances has been to calculate the
                                                    investigation, see the Preliminary                      in scope case and rebuttal briefs.
                                                                                                                                                                   ‘‘all-others’’ rate as a simple average of
                                                    Decision Memorandum.3 A list of topics                  Methodology                                            the alleged dumping margins from the
                                                    included in the Preliminary Decision                                                                           petition.8
                                                                                                              The Department is conducting this
                                                       1 See Carbon and Alloy Steel Wire Rod from
                                                                                                            investigation in accordance with section
                                                                                                                                                                     8 See, e.g., Notice of Preliminary Determination of
                                                    Belarus, Italy, the Republic of Korea, the Russian      731 of the Act. Pursuant to section                    Sales at Less Than Fair Value: Sodium Nitrite from
                                                    Federation, South Africa, Spain, the Republic of        776(a) and (b) of the Act, the                         the Federal Republic of Germany, 73 FR 21909,
                                                    Turkey, Ukraine, United Arab Emirates, and United       Department has preliminarily relied                    21912 (April 23, 2008), unchanged in Notice of
                                                    Kingdom: Initiation of Less-Than-Fair-Value                                                                    Final Determination of Sales at Less Than Fair
                                                    Investigations, 82 FR 19207 (April 26, 2017)
                                                                                                            upon facts otherwise available, with
                                                                                                                                                                   Value: Sodium Nitrite from the Federal Republic of
                                                    (Initiation Notice).                                                                                           Germany, 73 FR 38986, 38987 (July 8, 2008), and
                                                       2 See Carbon and Alloy Steel Wire Rod from Italy,      4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                                   accompanying Issues and Decision Memorandum at
                                                                                                            Final Rule, 62 FR 27296, 27323 (May 19, 1997).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the Republic of Korea, the Republic of South Africa,                                                           Comment 2; see also Notice of Final Determination
                                                                                                              5 See Initiation Notice.
                                                    Spain, the Republic of Turkey, Ukraine and the                                                                 of Sales at Less Than Fair Value: Raw Flexible
                                                    United Kingdom: Postponement of Preliminary               6 See Memorandum, ‘‘Carbon and Alloy Steel
                                                                                                                                                                   Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
                                                    Determinations in the Less-Than-Fair-Value              Wire Rod from Belarus, Italy, the Republic of Korea,   2008); Steel Threaded Rod from Thailand:
                                                    Investigations, 82 FR 39564 (April 26, 2017).           the Russian Federation, South Africa, Spain, the       Preliminary Determination of Sales at Less Than
                                                       3 See Memorandum, ‘‘Decision Memorandum for          Republic of Turkey, Ukraine, the United Arab           Fair Value and Affirmative Preliminary
                                                    the Preliminary Determination in the Less-Than-         Emirates, and the United Kingdom: Scope                Determination of Critical Circumstances, 78 FR
                                                    Fair-Value Investigation of Carbon and Alloy Steel      Comments Decision Memorandum for the                   79670, 79671 (December 31, 2013), unchanged in
                                                    Wire Rod from Ukraine’’ dated concurrently with,        Preliminary Determinations,’’ (Preliminary Scope       Steel Threaded Rod from Thailand: Final
                                                    and hereby adopted by, this notice (Preliminary         Decision Memorandum) dated August 7, 2017.             Determination of Sales at Less Than Fair Value and
                                                    Decision Memorandum).                                     7 See Preliminary Decision Memorandum.                                                           Continued




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                                                    50376                               Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    Preliminary Determination                                       AMKR and Yenakiieve, in this                          days after the signature date of this
                                                      The Department preliminarily                                  investigation, in accordance with                     preliminary determination.
                                                    determines that the following estimated                         section 776 of the Act, and the applied
                                                                                                                                                                          International Trade Commission
                                                    weighted-average dumping margins                                AFA rate is based solely on the petition,
                                                    exist:                                                          there are no calculations to disclose.                   In accordance with section 773(f) of
                                                                                                                                                                          the Act, the Department will notify the
                                                                                                                    Verification
                                                                                                      Estimated                                                           International Trade Comission (ITC) of
                                                                                                      weighted-       Because the mandatory respondents                   its preliminary determination. If the
                                                              Exporter/producer                        average      in this investigation did not provide                 final determination is affirmative, the
                                                                                                      dumping       information requested by the                          ITC will determine before the later of
                                                                                                        margin
                                                                                                      (percent)     Department, and the Department                        120 days after the date of this
                                                                                                                    preliminarily determines that each has                preliminary determination or 45 days
                                                    ArcelorMittal Steel Kryvyi Rih .....                   44.03    been uncooperative, we will not                       after the final determination whether
                                                    Public Joint Stock Company                                      conduct verification.                                 these imports are materially injuring, or
                                                       Yenakiieve Iron And Steel                                                                                          threaten material injury to, the U.S.
                                                       Works ......................................        44.03    Public Comment
                                                                                                                                                                          industry.
                                                    All-Others ....................................        34.98       Case briefs or other written comments
                                                                                                                    may be submitted to the Assistant                     Notification to Interested Parties
                                                    Suspension of Liquidation                                       Secretary for Enforcement and                           This determination is issued and
                                                      In accordance with section 733(d)(2)                          Compliance no later than 50 days after                published in accordance with sections
                                                    of the Act, the Department will direct                          the date of publication of the                        733(f) and 777(i)(1) of the Act and 19
                                                    U.S. Customs and Border Protection                              preliminary determination, unless the                 CFR 351.205(c).
                                                    (CBP) to suspend liquidation of entries                         Secretary alters the time limit. Rebuttal
                                                                                                                                                                            Dated: October 24, 2017.
                                                    of subject merchandise, as described in                         briefs, limited to issues raised in case
                                                                                                                    briefs, may be submitted no later than                Gary Taverman,
                                                    Appendix I, entered, or withdrawn from
                                                                                                                    five days after the deadline date for case            Deputy Assistant Secretary for Antidumping
                                                    warehouse, for consumption on or after
                                                                                                                    briefs.9 Pursuant to 19 CFR                           and Countervailing Duty Operations,
                                                    the date of publication of this notice in                                                                             performing the non-exclusive functions and
                                                    the Federal Register. Further, pursuant                         351.309(c)(2) and (d)(2), parties who                 duties of the Assistant Secretary for
                                                    to section 733(d)(1)(B) of the Act and 19                       submit case briefs or rebuttal briefs in              Enforcement and Compliance.
                                                    CFR 351.205(d), the Department will                             this investigation are encouraged to
                                                    instruct CBP to require a cash deposit                          submit with each argument: (1) A                      Appendix I
                                                    equal to the estimated weighted-average                         statement of the issue; (2) a brief                   Scope of the Investigation
                                                    dumping margin or the estimated all-                            summary of the argument; and (3) a                       The products covered by this investigation
                                                    others rate, as follows: (1) The cash                           table of authorities.                                 are certain hot-rolled products of carbon steel
                                                    deposit rate for the respondents listed                            Pursuant to 19 CFR 351.310(c),                     and alloy steel, in coils, of approximately
                                                    above will be equal to the company-                             interested parties who wish to request a              round cross section, less than 19.00 mm in
                                                    specific estimated weighted-average                             hearing, limited to issues raised in the              actual solid cross-sectional diameter.
                                                    dumping margins determined in this                              case and rebuttal briefs, must submit a               Specifically excluded are steel products
                                                    preliminary determination; (2) if the                           written request to the Assistant                      possessing the above-noted physical
                                                                                                                    Secretary for Enforcement and                         characteristics and meeting the Harmonized
                                                    exporter is not a respondent identified
                                                                                                                    Compliance, U.S. Department of                        Tariff Schedule of the United States (HTSUS)
                                                    above, but the producer is, then the cash                                                                             definitions for (a) stainless steel; (b) tool
                                                    deposit rate will be equal to the                               Commerce, within 30 days after the date
                                                                                                                                                                          steel; (c) high-nickel steel; (d) ball bearing
                                                    company-specific estimated weighted-                            of publication of this notice. Requests               steel; or (e) concrete reinforcing bars and
                                                    average dumping margin established for                          should contain the party’s name,                      rods. Also excluded are free cutting steel
                                                    that producer of the subject                                    address, and telephone number, the                    (also known as free machining steel)
                                                    merchandise; and (3) the cash deposit                           number of participants, whether any                   products (i.e., products that contain by
                                                    rate for all other producers and                                participant is a foreign national, and a              weight one or more of the following
                                                    exporters will be equal to the all-others                       list of the issues to be discussed. If a              elements: 0.1 percent or more of lead, 0.05
                                                                                                                    request for a hearing is made, the                    percent or more of bismuth, 0.08 percent or
                                                    estimated weighted-average dumping
                                                                                                                    Department intends to hold the hearing                more of sulfur, more than 0.04 percent of
                                                    margin.                                                                                                               phosphorous, more than 0.05 percent of
                                                                                                                    at the U.S. Department of Commerce,
                                                    Disclosure                                                                                                            selenium, or more than 0.01 percent of
                                                                                                                    1401 Constitution Avenue NW.,                         tellurium). All products meeting the physical
                                                      Normally, the Department discloses to                         Washington, DC 20230, at a time and                   description of subject merchandise that are
                                                    interested parties the calculations                             date to be determined. Parties should                 not specifically excluded are included in this
                                                    performed in connection with a                                  confirm by telephone the date, time, and              scope.
                                                    preliminary determination within five                           location of the hearing two days before                  The products under investigation are
                                                    days of any public announcement or, if                          the scheduled date.                                   currently classifiable under subheadings
                                                    there is no public announcement,                                                                                      7213.91.3011, 7213.91.3015, 7213.91.3020,
                                                                                                                    Final Determination                                   7213.91.3093; 7213.91.4500, 7213.91.6000,
                                                    within five days of the date of
                                                                                                                       Section 735(a)(1) of the Act and 19                7213.99.0030, 7227.20.0030, 7227.20.0080,
                                                    publication of the notice of preliminary
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                    CFR 351.210(b)(1) provide that the                    7227.90.6010, 7227.90.6020, 7227.90.6030,
                                                    determination in the Federal Register,                                                                                and 7227.90.6035 of the HTSUS. Products
                                                    in accordance with 19 CFR 351.224(b).                           Department will issue the final
                                                                                                                                                                          entered under subheadings 7213.99.0090 and
                                                    However, because the Department                                 determination within 75 days after the                7227.90.6090 of the HTSUS also may be
                                                    preliminarily applied AFA to the                                date of its preliminary determination.                included in this scope if they meet the
                                                    individually examined companies,                                Accordingly, the Department will make                 physical description of subject merchandise
                                                                                                                    its final determination no later than 75              above. Although the HTSUS subheadings are
                                                    Affirmative Final Determination of Critical                                                                           provided for convenience and customs
                                                    Circumstances, 79 FR 14476, 14477 (March 14,                       9 See 19 CFR 351.309; see also 19 CFR 351.303      purposes, the written description of the
                                                    2014).                                                          (for general filing requirements).                    scope of this proceeding is dispositive.



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                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                                   50377

                                                    Appendix II                                             the Department postponed the                           Memorandum.6 Since the issuance of
                                                    List of Topics Discussed in the Preliminary             preliminary determination of this                      the Preliminary Scope Decision
                                                    Decision Memorandum                                     investigation until October 24, 2017.2                 Memorandum, certain parties submitted
                                                    I. Summary
                                                                                                            For a complete description of the events               scope case briefs or scope rebuttal
                                                    II. Background                                          that followed the initiation of this                   briefs.7 The Department will issue a
                                                    III. Period of Investigation                            investigation, see the Preliminary                     final scope decision on the records of
                                                    IV. Scope Comments                                      Decision Memorandum.3 A list of topics                 the wire rod investigations after
                                                    V. Preliminary Determination of No                      discussed in the Preliminary Decision                  considering those comments submitted
                                                          Shipments                                         Memorandum is included as Appendix                     in scope case and rebuttal briefs.
                                                    VI. Application of Facts Available and                  II to this notice. The Preliminary
                                                          Adverse Inference                                                                                        Methodology
                                                       A. Legal Standard                                    Decision Memorandum is a public
                                                                                                            document and is on file electronically                   The Department is conducting this
                                                       B. Application of Facts Available with
                                                          Adverse Inference for AMKR                        via Enforcement and Compliance’s                       investigation in accordance with section
                                                       C. Application of Facts Available with               Antidumping and Countervailing Duty                    731 of the Act. The Department has
                                                          Adverse Inference for Yenakiieve                  Centralized Electronic Service System                  calculated export prices in accordance
                                                       D. Selection and Corroboration of AFA                (ACCESS). ACCESS is available to                       with section 772(a) of the Act. Normal
                                                          Rate                                              registered users at https://                           value (NV) is calculated in accordance
                                                       E. All-Others Rate                                                                                          with section 773 of the Act. For a full
                                                    VIII. Conclusion
                                                                                                            access.trade.gov, and to all parties in the
                                                                                                            Central Records Unit, Room B8024 of                    description of the methodology
                                                    [FR Doc. 2017–23648 Filed 10–30–17; 8:45 am]                                                                   underlying the preliminary conclusions,
                                                                                                            the main Department of Commerce
                                                    BILLING CODE 3510–DS–P                                  building. In addition, a complete                      see the Preliminary Decision
                                                                                                            version of the Preliminary Decision                    Memorandum.
                                                                                                            Memorandum can be accessed directly                    Preliminary Negative Determination of
                                                    DEPARTMENT OF COMMERCE
                                                                                                            at http://enforcement.trade.gov/frn/.                  Critical Circumstances
                                                    International Trade Administration                      The signed Preliminary Decision
                                                                                                            Memorandum and the electronic                             On July 6, 2017, the petitioners filed
                                                    [A–489–831]                                             version are identical in content.                      a critical circumstances allegation with
                                                                                                                                                                   respect to imports of wire rod from
                                                    Carbon and Alloy Steel Wire Rod From                    Scope of the Investigation                             Turkey.8 In accordance with section
                                                    Turkey: Preliminary Affirmative                                                                                733(e) of the Act and 19 CFR 351.206,
                                                    Determination of Sales at Less Than                       The products covered by this                         we preliminarily find that critical
                                                    Fair Value, and Preliminary Negative                    investigation are wire rod from Turkey.                circumstances do not exist with respect
                                                    Determination of Critical                               For a complete description of the scope                to imports of wire rod from Turkey for
                                                    Circumstances                                           of this investigation, see Appendix I.                 Habas Sinai ve Tibbi Gazlar Istihsal
                                                    AGENCY:   Enforcement and Compliance,                   Scope Comments                                         Endustrisi A.S. (Habas), Icdas Celik
                                                    International Trade Administration,                                                                            Enerji Tersane ve Ulasim Sanayi A.S.
                                                    Department of Commerce.                                   In accordance with the preamble to                   (Icdas), and all-other exporters/
                                                                                                            the Department’s regulations,4 the                     producers of wire rod from Turkey. For
                                                    SUMMARY: The Department of Commerce
                                                                                                            Initiation Notice set aside a period of                a full description of the methodology
                                                    (the Department) preliminarily
                                                                                                            time for parties to raise issues regarding             and results of the Department’s critical
                                                    determines that certain carbon and alloy
                                                                                                            product coverage (scope).5 Certain                     circumstances analysis, see the
                                                    steel wire rod (wire rod) from the
                                                                                                            interested parties commented on the                    Preliminary Decision Memorandum.
                                                    Republic of Turkey (Turkey) is being, or
                                                    is likely to be, sold in the United States              scope of the investigation as it appeared
                                                                                                            in the Initiation Notice. For a summary                All-Others Rate
                                                    at less than fair value (LTFV). The
                                                    period of investigation (POI) is January                of the product coverage comments and                     Sections 733(d)(1)(A)(ii) of the Act
                                                    1, 2016, through December 31, 2016.                     rebuttal responses submitted to the                    provides that in the preliminary
                                                                                                            record for this investigation, and                     determination the Department shall
                                                    DATES: Applicable October 31, 2017.
                                                                                                            accompanying discussion and analysis                   determine an estimated all-others rate
                                                    FOR FURTHER INFORMATION CONTACT:                        of all comments timely received, see the               for all exporters and producers not
                                                    Ryan Mullen or Ian Hamilton, AD/CVD                     Preliminary Scope Decision                             individually investigated in accordance
                                                    Operations, Office V, Enforcement and                                                                          with section 735(c)(5) of the Act.
                                                    Compliance, International Trade                         Federation, South Africa, Spain, the Republic of       Section 735(c)(5)(A) of the Act states
                                                    Administration, U.S. Department of                      Turkey, Ukraine, United Arab Emirates, and United      that generally this rate shall be an
                                                    Commerce, 1401 Constitution Avenue                      Kingdom: Initiation of Less-Than-Fair Value            amount equal to the weighted average of
                                                    NW., Washington, DC 20230; telephone:                   Investigations, 82 FR 19207 (April 26, 2017)
                                                                                                            (Initiation Notice).                                   the estimated weighted-average
                                                    (202) 482–5260 or (202) 482–4798,                          2 See Carbon and Alloy Steel Wire Rod from Italy,   dumping margins established for
                                                    respectively.                                           the Republic of Korea, the Republic of South Africa,
                                                    SUPPLEMENTARY INFORMATION:                              Spain, the Republic of Turkey, Ukraine and the           6 See Memorandum, ‘‘Carbon and Alloy Steel
                                                                                                            United Kingdom: Postponement of Preliminary            Wire Rod from Belarus, Italy, the Republic of Korea,
                                                    Background                                              Determinations in the Less-Than-Fair-Value             the Russian Federation, South Africa, Spain, the
                                                                                                            Investigations, 82 FR 39564 (August 21, 2017).         Republic of Turkey, Ukraine, the United Arab
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       This preliminary determination is                       3 See Memorandum, ‘‘Decision Memorandum for         Emirates, and the United Kingdom: Scope
                                                    made in accordance with section 733(b)                  the Preliminary Determination and Negative             Comments Decision Memorandum for the
                                                    of the Tariff Act of 1930, as amended                   Determination of Critical Circumstances in the Less    Preliminary Determinations,’’ dated August 7, 2017
                                                    (the Act). The Department published the                 Than Fair Value Investigation of Carbon and Alloy      (Preliminary Scope Decision Memorandum).
                                                                                                            Steel Wire Rod from Turkey,’’ dated concurrently         7 See Preliminary Decision Memorandum.
                                                    notice of initiation of this investigation              with, and hereby adopted by, this notice                 8 See Letter to the Secretary from Nucor re:
                                                    on April 26, 2017.1 On August 21, 2017,                 (Preliminary Decision Memorandum).                     Carbon and Alloy Steel Wire Rod from Russia,
                                                                                                               4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                                   South Africa, Spain, Turkey, and the United
                                                      1 See Carbon and Alloy Steel Wire Rod from            Final Rule, 62 FR 27296, 27323 (May 19, 1997).         Kingdom: Critical Circumstances Allegations, dated
                                                    Belarus, Italy, the Republic of Korea, the Russian         5 See Initiation Notice, 82 FR at 19207–08.         July 6, 2017.



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Document Created: 2018-10-25 10:19:38
Document Modified: 2018-10-25 10:19:38
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 October 31, 2017.
ContactJulia Hancock, Annathea Cook, or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394, (202) 482-0250, or (202) 482-4997, respectively.
FR Citation82 FR 50375 

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