82_FR_50586 82 FR 50377 - Carbon and Alloy Steel Wire Rod From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances

82 FR 50377 - Carbon and Alloy Steel Wire Rod From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range50377-50379
FR Document2017-23647

The Department of Commerce (the Department) preliminarily determines that certain carbon and alloy steel wire rod (wire rod) from the Republic of Turkey (Turkey) 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 50377-50379]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23647]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-831]


Carbon and Alloy Steel Wire Rod From Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, and 
Preliminary Negative Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain carbon and alloy steel wire rod (wire rod) from 
the Republic of Turkey (Turkey) 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: Ryan Mullen or Ian Hamilton, 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) 482-5260 or (202) 482-4798, 
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 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 discussed 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 (August 21, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination and Negative Determination of Critical Circumstances 
in the Less Than Fair Value Investigation of Carbon and Alloy Steel 
Wire Rod from Turkey,'' 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 
Turkey. 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 (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.
---------------------------------------------------------------------------

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

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary conclusions, 
see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    On July 6, 2017, the petitioners filed a critical circumstances 
allegation with respect to imports of wire rod from Turkey.\8\ In 
accordance with section 733(e) of the Act and 19 CFR 351.206, we 
preliminarily find that critical circumstances do not exist with 
respect to imports of wire rod from Turkey for Habas Sinai ve Tibbi 
Gazlar Istihsal Endustrisi A.S. (Habas), Icdas Celik Enerji Tersane ve 
Ulasim Sanayi A.S. (Icdas), and all-other exporters/producers of wire 
rod from Turkey. For a full description of the methodology and results 
of the Department's critical circumstances analysis, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Letter to the Secretary from Nucor re: Carbon and Alloy 
Steel Wire Rod from Russia, South Africa, Spain, Turkey, and the 
United Kingdom: Critical Circumstances Allegations, dated July 6, 
2017.
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All-Others Rate

    Sections 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination the Department shall determine an estimated 
all-others rate for all exporters and producers not individually 
investigated in accordance with section 735(c)(5) of the Act. Section 
735(c)(5)(A) of the Act states that generally this rate shall be an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for

[[Page 50378]]

exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, the Department calculated estimated 
weighted-average dumping margins for Habas and Icdas that are not zero, 
de minimis or based entirely on facts otherwise available. The 
Department calculated the all-others rate using a simple average of the 
estimated weighted-average dumping margins calculated for the examined 
respondents.\9\
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    \9\ With two respondents under examination, the Department 
normally calculates (A) a weighted-average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; (B) a simple average of the estimated weighted-average 
dumping margins calculated for the examined respondents; and (C) a 
weighted-average of the estimated weighted-average dumping margins 
calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See Ball Bearings and Parts Thereof 
from France, Germany, Italy, Japan, and the United Kingdom: Final 
Results of Antidumping Duty Administrative Reviews, Final Results of 
Changed-Circumstances Review, and Revocation of an Order in Part, 75 
FR 53661, 53663 (September 1, 2010). For a complete analysis of the 
data, please see the All-Others' Rate Calculation Memorandum, dated 
concurrently with this notice.
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Preliminary Determination

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

------------------------------------------------------------------------
                                             Weighted-     Cash deposit
                                              average      rate adjusted
            Exporter/producer                 margins       for subsidy
                                             (percent)        offset
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal                2.80            2.70
 Endustrisi A.S.........................
Icdas Celik Enerji Tersane ve Ulasim                8.01            8.01
 Sanayi A.S.............................
All-Others..............................            5.41            5.31
------------------------------------------------------------------------

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.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. Accordingly, where the Department preliminarily 
made an affirmative determination for countervailable export subsidies, 
the Department offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. The adjusted cash deposit rate may be found 
in the Preliminary Determination section above. Should provisional 
measures in the companion CVD investigation expire prior to the 
expiration of provisional measures in this LTFV investigation, the 
Department will direct CBP to begin collecting estimated antidumping 
duty cash deposits unadjusted for countervailed export subsidies at the 
time that the provisional CVD measures expire. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

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

Verification

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

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
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.
---------------------------------------------------------------------------

    \10\ 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.

[[Page 50379]]

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 
affirmative 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, 213.91.3015, 7213.91.3020, 
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
    A. Comparison Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
    F. Calculation of NV Based on Constructed Value
X. Preliminary Negative Determination of Critical Circumstances
    A. Legal Framework
    B. Critical Circumstances Allegation
    C. Analysis
XI. Adjustment to Cash Deposit Rate for Export Subsidies
XII. Currency Conversion
XIII. Conclusion

[FR Doc. 2017-23647 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                 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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                                                    50378                                  Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    exporters and producers individually                                        dumping margins for Habas and Icdas                                          margins calculated for the examined
                                                    investigated, excluding any zero and de                                     that are not zero, de minimis or based                                       respondents.9
                                                    minimis margins, and any margins                                            entirely on facts otherwise available.                                       Preliminary Determination
                                                    determined entirely under section 776                                       The Department calculated the all-
                                                    of the Act.                                                                 others rate using a simple average of the                                      The Department preliminarily
                                                      In this investigation, the Department                                     estimated weighted-average dumping                                           determines that the following weighted-
                                                    calculated estimated weighted-average                                                                                                                    average dumping margins exist:

                                                                                                                                                                                                                                   Weighted-     Cash deposit
                                                                                                                                                                                                                                    average      rate adjusted
                                                                                                                            Exporter/producer                                                                                       margins       for subsidy
                                                                                                                                                                                                                                   (percent)         offset

                                                    Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...............................................................................................                                   2.80              2.70
                                                    Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ..................................................................................................                                    8.01              8.01
                                                    All-Others .................................................................................................................................................................          5.41              5.31



                                                    Suspension of Liquidation                                                   weighted-average dumping margin by                                           the deadline date for case briefs.10
                                                       In accordance with section 733(d)(2)                                     the appropriate CVD rate. The adjusted                                       Pursuant to 19 CFR 351.309(c)(2) and
                                                    of the Act, the Department will direct                                      cash deposit rate may be found in the                                        (d)(2), parties who submit case briefs or
                                                    U.S. Customs and Border Protection                                          Preliminary Determination section                                            rebuttal briefs in this proceeding are
                                                    (CBP) to suspend liquidation of entries                                     above. Should provisional measures in                                        encouraged to submit with each
                                                    of subject merchandise, as described in                                     the companion CVD investigation expire                                       argument: (1) A statement of the issue;
                                                    Appendix I, entered, or withdrawn from                                      prior to the expiration of provisional                                       (2) a brief summary of the argument;
                                                    warehouse, for consumption on or after                                      measures in this LTFV investigation, the                                     and (3) a table of authorities.
                                                    the date of publication of this notice in                                   Department will direct CBP to begin                                             Pursuant to 19 CFR 351.310(c),
                                                    the Federal Register. Further, pursuant                                     collecting estimated antidumping duty                                        interested parties who wish to request a
                                                    to section 733(d)(1)(B) of the Act and 19                                   cash deposits unadjusted for                                                 hearing, limited to issues raised in the
                                                    CFR 351.205(d), the Department will                                         countervailed export subsidies at the                                        case and rebuttal briefs, must submit a
                                                    instruct CBP to require a cash deposit                                      time that the provisional CVD measures                                       written request to the Assistant
                                                    equal to the estimated weighted-average                                     expire. These suspension of liquidation                                      Secretary for Enforcement and
                                                    dumping margin or the estimated all-                                        instructions will remain in effect until                                     Compliance, U.S. Department of
                                                    others rate, as follows: (1) The cash                                       further notice.
                                                                                                                                                                                                             Commerce, within 30 days after the date
                                                    deposit rate for the respondents listed                                     Disclosure                                                                   of publication of this notice. Requests
                                                    above will be equal to the company-                                                                                                                      should contain the party’s name,
                                                    specific estimated weighted-average                                            The Department intends to disclose
                                                                                                                                                                                                             address, and telephone number, the
                                                    dumping margins determined in this                                          its calculations and analysis performed
                                                                                                                                                                                                             number of participants, whether any
                                                    preliminary determination; (2) if the                                       to interested parties in this preliminary
                                                                                                                                                                                                             participant is a foreign national, and a
                                                    exporter is not a respondent identified                                     determination within five days of any
                                                                                                                                                                                                             list of the issues to be discussed. If a
                                                    above, but the producer is, then the cash                                   public announcement or, if there is no
                                                                                                                                                                                                             request for a hearing is made, the
                                                    deposit rate will be equal to the                                           public announcement, within five days
                                                                                                                                of the date of publication of this notice                                    Department intends to hold the hearing
                                                    company-specific estimated weighted-
                                                                                                                                in accordance with 19 CFR 351.224(b).                                        at the U.S. Department of Commerce,
                                                    average dumping margin established for
                                                                                                                                                                                                             1401 Constitution Avenue NW.,
                                                    that producer of the subject                                                Verification                                                                 Washington, DC 20230, at a time and
                                                    merchandise; and (3) the cash deposit
                                                                                                                                   As provided in section 782(i) of the                                      date to be determined. Parties should
                                                    rate for all other producers and
                                                                                                                                Act, the Department intends to verify                                        confirm by telephone the date, time, and
                                                    exporters will be equal to the all-others
                                                    estimated weighted-average dumping                                          the information relied upon in making                                        location of the hearing two days before
                                                    margin.                                                                     its final determination.                                                     the scheduled date.
                                                       The Department normally adjusts                                                                                                                       Final Determination
                                                                                                                                Public Comment
                                                    cash deposits for estimated antidumping
                                                    duties by the amount of export subsidies                                       Case briefs or other written comments                                        Section 735(a)(1) of the Act and 19
                                                    countervailed in a companion                                                may be submitted to the Assistant                                            CFR 351.210(b)(1) provide that the
                                                    countervailing duty (CVD) proceeding,                                       Secretary for Enforcement and                                                Department will issue the final
                                                    when CVD provisional measures are in                                        Compliance no later than seven days                                          determination within 75 days after the
                                                    effect. Accordingly, where the                                              after the date on which the final                                            date of its preliminary determination.
                                                    Department preliminarily made an                                            verification report is issued in this                                        Accordingly, the Department will make
                                                    affirmative determination for                                               investigation. Rebuttal briefs, limited to                                   its final determination no later than 75
                                                    countervailable export subsidies, the                                       issues raised in case briefs, may be                                         days after the signature date of this
                                                    Department offset the estimated                                             submitted no later than five days after                                      preliminary determination.
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                                                      9 With two respondents under examination, the                             company’s publicly-ranged U.S. sale quantities for                           Circumstances Review, and Revocation of an Order
                                                    Department normally calculates (A) a weighted-                              the merchandise under consideration. The                                     in Part, 75 FR 53661, 53663 (September 1, 2010).
                                                    average of the estimated weighted-average dumping                           Department then compares (B) and (C) to (A) and                              For a complete analysis of the data, please see the
                                                    margins calculated for the examined respondents;                            selects the rate closest to (A) as the most                                  All-Others’ Rate Calculation Memorandum, dated
                                                    (B) a simple average of the estimated weighted-                             appropriate rate for all other producers and
                                                                                                                                                                                                             concurrently with this notice.
                                                    average dumping margins calculated for the                                  exporters. See Ball Bearings and Parts Thereof from
                                                                                                                                                                                                                10 See 19 CFR 351.309; see also 19 CFR 351.303
                                                    examined respondents; and (C) a weighted-average                            France, Germany, Italy, Japan, and the United
                                                    of the estimated weighted-average dumping margins                           Kingdom: Final Results of Antidumping Duty                                   (for general filing requirements).
                                                    calculated for the examined respondents using each                          Administrative Reviews, Final Results of Changed-



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                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                                   50379

                                                    International Trade Commission                          Appendix II                                           SUPPLEMENTARY INFORMATION:
                                                    Notification                                            List of Topics Discussed in the Preliminary           Background
                                                                                                            Decision Memorandum
                                                       In accordance with section 733(f) of                                                                          This preliminary determination is
                                                    the Act, the Department will notify the                 I. Summary                                            made in accordance with section 733(b)
                                                    International Trade Commission (ITC) of                 II. Background                                        of the Tariff Act of 1930, as amended
                                                                                                            III. Period of Investigation
                                                    its preliminary affirmative                                                                                   (the Act). The Department published the
                                                                                                            IV. Scope Comments
                                                    determination. If the final determination               V. Discussion of the Methodology                      notice of initiation of this investigation
                                                    is affirmative, the ITC will determine                     A. Determination of the Comparison                 on April 19, 2017.1 For a complete
                                                    before the later of 120 days after the date                   Method                                          description of the events that followed
                                                    of this preliminary determination or 45                    B. Results of the Differential Pricing             the initiation of this investigation, see
                                                    days after the final determination                            Analysis                                        the Preliminary Decision
                                                    whether these imports are materially                    VI. Date of Sale                                      Memorandum.2 A list of topics included
                                                    injuring, or threaten material injury to,               VII. Product Comparisons                              in the Preliminary Decision
                                                    the U.S. industry.                                      VIII. Export Price                                    Memorandum is included as Appendix
                                                                                                            IX. Normal Value
                                                                                                                                                                  II to this notice. The Preliminary
                                                    Notification to Interested Parties                         A. Comparison Market Viability
                                                                                                               B. Affiliated-Party Transactions and Arm’s-        Decision Memorandum is a public
                                                      This determination is issued and                            Length Test                                     document and is on file electronically
                                                    published in accordance with sections                      C. Level of Trade                                  via Enforcement and Compliance’s
                                                    733(f) and 777(i)(1) of the Act and 19                     D. Cost of Production (COP) Analysis               Antidumping and Countervailing Duty
                                                    CFR 351.205(c).                                            1. Calculation of COP                              Centralized Electronic Service System
                                                                                                               2. Test of Comparison Market Sales Prices          (ACCESS). ACCESS is available to
                                                      Dated: October 24, 2017.                                 3. Results of the COP Test                         registered users at https://
                                                    Gary Taverman,                                             E. Calculation of NV Based on Comparison           access.trade.gov, and to all parties in the
                                                    Deputy Assistant Secretary for Antidumping                    Market Prices
                                                                                                                                                                  Central Records Unit, Room B8024 of
                                                    and Countervailing Duty Operations,                        F. Calculation of NV Based on Constructed
                                                                                                                  Value                                           the main Department of Commerce
                                                    performing the non-exclusive functions and                                                                    building. In addition, a complete
                                                    duties of the Assistant Secretary for                   X. Preliminary Negative Determination of
                                                    Enforcement and Compliance.                                   Critical Circumstances                          version of the Preliminary Decision
                                                                                                               A. Legal Framework                                 Memorandum can be accessed directly
                                                    Appendix I                                                 B. Critical Circumstances Allegation               at http://enforcement.trade.gov/frn/.
                                                                                                               C. Analysis                                        The signed and the electronic versions
                                                    Scope of the Investigation
                                                                                                            XI. Adjustment to Cash Deposit Rate for               of the Preliminary Decision
                                                       The products covered by this investigation                 Export Subsidies                                Memorandum are identical in content.
                                                    are certain hot-rolled products of carbon steel         XII. Currency Conversion
                                                    and alloy steel, in coils, of approximately             XIII. Conclusion                                      Scope of the Investigation
                                                    round cross section, less than 19.00 mm in              [FR Doc. 2017–23647 Filed 10–30–17; 8:45 am]            The product covered by this
                                                    actual solid cross-sectional diameter.
                                                    Specifically excluded are steel products
                                                                                                            BILLING CODE 3510–DS–P                                investigation is biodiesel from
                                                    possessing the above-noted physical                                                                           Indonesia. For a complete description of
                                                    characteristics and meeting the Harmonized                                                                    the scope of this investigation, see
                                                    Tariff Schedule of the United States (HTSUS)            DEPARTMENT OF COMMERCE                                Appendix I.
                                                    definitions for (a) stainless steel; (b) tool
                                                                                                            International Trade Administration                    Scope Comments
                                                    steel; (c) high-nickel steel; (d) ball bearing
                                                    steel; or (e) concrete reinforcing bars and             [A–560–830]                                             In accordance with the preamble to
                                                    rods. Also excluded are free cutting steel                                                                    the Department’s regulations,3 the
                                                    (also known as free machining steel)                    Biodiesel From Indonesia: Preliminary                 Initiation Notice set aside a period of
                                                    products (i.e., products that contain by                Affirmative Determination of Sales at                 time for parties to raise issues regarding
                                                    weight one or more of the following                     Less Than Fair Value                                  product coverage (i.e., scope).4 No
                                                    elements: 0.1 percent or more of lead, 0.05                                                                   interested parties commented on the
                                                    percent or more of bismuth, 0.08 percent or             AGENCY:  Enforcement and Compliance,                  scope of the investigation as it appeared
                                                    more of sulfur, more than 0.04 percent of               International Trade Administration,                   in the Initiation Notice. Therefore, the
                                                    phosphorous, more than 0.05 percent of                  Department of Commerce.
                                                    selenium, or more than 0.01 percent of                                                                        Department is preliminarily not
                                                                                                            SUMMARY: The Department of Commerce
                                                    tellurium). All products meeting the physical                                                                 modifying the scope language as it
                                                                                                            (the Department) preliminarily
                                                    description of subject merchandise that are                                                                   appeared in the Initiation Notice. See
                                                                                                            determines that biodiesel from
                                                    not specifically excluded are included in this                                                                the scope in Appendix I to this notice.
                                                                                                            Indonesia is being, or is likely to be,
                                                    scope.
                                                                                                            sold in the United States at less than fair           Methodology
                                                       The products under investigation are
                                                    currently classifiable under subheadings                value (LTFV). The period of                             The Department is conducting this
                                                    7213.91.3011, 213.91.3015, 7213.91.3020,                investigation (POI) is January 1, 2016,               investigation in accordance with section
                                                    7213.91.3093; 7213.91.4500, 7213.91.6000,               through December 31, 2016.
                                                    7213.99.0030, 7227.20.0030, 7227.20.0080,               DATES: Effective October 31, 2017.                      1 See Biodiesel from Argentina and Indonesia:

                                                    7227.90.6010, 7227.90.6020, 7227.90.6030,                                                                     Initiation of Less-Than-Fair Value Investigations, 82
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    and 7227.90.6035 of the HTSUS. Products                                                                       FR 18428 (April 19, 2017) (Initiation Notice).
                                                                                                            Myrna Lobo or Alexander Cipolla, AD/                    2 See Memorandum, ‘‘Decision Memorandum for
                                                    entered under subheadings 7213.99.0090 and
                                                                                                            CVD Operations, Office VII,                           the Preliminary Determination in the Less-Than-
                                                    7227.90.6090 of the HTSUS also may be
                                                    included in this scope if they meet the
                                                                                                            Enforcement and Compliance,                           Fair-Value Investigation of Biodiesel from
                                                                                                            International Trade Administration,                   Indonesia’’ dated concurrently with, and hereby
                                                    physical description of subject merchandise                                                                   adopted by, this notice (Preliminary Decision
                                                    above. Although the HTSUS subheadings are               U.S. Department of Commerce, 1401                     Memorandum).
                                                    provided for convenience and customs                    Constitution Avenue NW., Washington,                    3 See Antidumping Duties; Countervailing Duties,

                                                    purposes, the written description of the                DC 20230; telephone: (202) 482–2371 or                Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    scope of this proceeding is dispositive.                (202) 482–4956, respectively.                           4 See Initiation Notice, 82 FR at 18428–29.




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Document Created: 2018-10-25 10:17:22
Document Modified: 2018-10-25 10:17:22
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.
ContactRyan Mullen or Ian Hamilton, 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) 482-5260 or (202) 482-4798, respectively.
FR Citation82 FR 50377 

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