82 FR 50383 - Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Preliminary Determination of No Shipments
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 209 (October 31, 2017)
International Trade Administration
Federal Register Volume 82, Issue 209 (October 31, 2017)
| Page Range | 50383-50386 | |
| FR Document | 2017-23649 |
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)] [Notices] [Pages 50383-50386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23649] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-791-823] Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Preliminary Determination of No Shipments 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 the Republic of South Africa (South Africa) 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: Moses Song or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade [[Page 50384]] Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-3019, 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 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 and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, South Africa, Spain, the Republic of Turkey, Ukraine, United Arab Emirates, and United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 19207 (April 26, 2017) (Initiation Notice). \2\ See 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 in the Less-Than-Fair-Value Investigation of Carbon and Alloy Steel Wire Rod from the Republic of South Africa'' 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 South Africa. 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. Based on the record evidence and the Department's practice, we preliminarily find that mandatory respondent ArcelorMittal South Africa Limited (AMSA), mandatory respondent Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group) (Scaw), and Consolidated Wire Industries (CWI) are affiliated and should be collapsed into one entity (i.e., AMSA/Scaw/CWI).\8\ Further, a part of the entity, Scaw, failed to respond to the Department's antidumping duty questionnaire. Thus, the Department is relying on the facts otherwise available with adverse inference for the collapsed entity.\9\ For further information, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ Id. \9\ See section 776(a) and (b) of the Act. --------------------------------------------------------------------------- Preliminary Determination of No Sales On April 26, 2017, Davsteel Division of Cape Gate (Pty) Ltd. (Cape Gate), one of the three South African producers/exporters named in the petition,\10\ timely filed a statement reporting that it had ``no exports, shipments, or sales'' of subject merchandise to the United States during the POI.\11\ Subsequently, we received information from U.S. Customs and Border Protection (CBP) confirming Cape Gate's claim that it had no entries of subject merchandise during the POI.\12\ Furthermore, there is no evidence on the record indicating that Cape Gate is affiliated with AMSA, Scaw or CWI. Based on the foregoing, the Department preliminarily determines that Cape Gate had no sales of subject merchandise during the POI, and, therefore, we preliminarily determine not to further examine Cape Gate as part of this investigation. As such, any entries of subject merchandise exported by Cape Gate will be subject to the All-Others Rate. For additional information regarding this determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \10\ See the Petitions for the Imposition of Antidumping Duties on Imports of Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Federation, the Republic of South Africa, Spain, Turkey, Ukraine, United Arab Emirates, and the United Kingdom; and Countervailing Duties on Imports from Turkey and Italy, dated March 28, 2017 (the Petition), Volume VI at 1, and Volume I at Exhibit I-7. \11\ See Letter from the Department to the respondent, regarding ``Certain Carbon and Alloy Steel Wire Rod from the Republic of South Africa: No Shipment Certification,'' dated April 26, 2017 (Cape Gate's No-shipment Claim). \12\ See Memorandum to The File, entitled ``No Shipment Inquiry Regarding Davsteel Division of Cape Gate (PTY) Ltd. And/or Cape Gate (Pty) Ltd. During the Period 01/01/2016--12/31/2016,'' dated June 5, 2017 (CBP No-shipment Claim Confirmation Memorandum). --------------------------------------------------------------------------- Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, the Department preliminarily finds that critical circumstances exist for the collapsed entity AMSA/Scaw/CWI and all other producers and exporters. For a description of the methodology and results of the Department's critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate 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 AMSA/Scaw/CWI, the collapsed entity, pursuant to section 776 of the Act. According to section [[Page 50385]] 735(c)(5)(A), the Department typically averages the individually examined respondents' rates to calculate the all-others rate. Because the Department is preliminarily applying the AFA rate to the collapsed entity, however, the Department preliminarily determines to calculate the ``all-others'' rate as a simple average of the alleged dumping margin(s) from the petition, pursuant to section 735(c)(5)(B).\13\ The rates in the petition, as amended, were 128.66 percent and 142.26 percent, so the All-Others rate is 135.46 percent.\14\ --------------------------------------------------------------------------- \13\ 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). \14\ See Initiation Notice, 82 FR at 19211; see also Preliminary Decision Memorandum. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ ArcelorMittal South Africa Limited, Scaw South 142.26 Africa (Pty) Ltd. (also known as Scaw Metals Group), and Consolidated Wire Industries........... All-Others.......................................... 135.46 ------------------------------------------------------------------------ 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. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. The Department preliminarily finds that critical circumstances exist for imports of subject merchandise produced or exported by AMSA/Scaw/CWI and all other exporters/producers. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer or exporter identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of 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 collapsed entity (i.e., AMSA/Scaw/CWI) 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 examined respondent (i.e., the collapsed entity referenced above) in this investigation did not provide information requested by the Department, and the Department preliminarily determines it to have 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.\15\ 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. --------------------------------------------------------------------------- \15\ 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., [[Page 50386]] 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 Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (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 of 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 may also 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 these proceedings 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. Preliminary Determination of No Shipments VI. Affiliation and Collapsing of Affiliates VII. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Selection and Corroboration of the AFA Rate VIII. All-Others Rate IX. Critical Circumstances A. Legal Framework B. Critical Circumstances Allegation C. Analysis X. Conclusion [FR Doc. 2017-23649 Filed 10-30-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50383
exporters will be equal to the all-others determination within 75 days after the physical description of subject merchandise
estimated weighted-average dumping date of its preliminary determination. above. Although the HTSUS subheadings are
margin. Accordingly, the Department will make provided for convenience and customs
purposes, the written description of the
its final determination no later than 75
Disclosure scope of these proceedings is dispositive.
days after the signature date of this
The Department intends to disclose preliminary determination. Appendix II
its calculations and analysis performed
International Trade Commission List of Topics Discussed in the Preliminary
to interested parties in this preliminary Decision Memorandum
determination within five days of any Notification
public announcement or, if there is no In accordance with section 733(f) of I. Summary
II. Background
public announcement, within five days the Act, the Department will notify the
III. Period of Investigation
of the date of publication of this notice International Trade Commission (ITC) of IV. Scope Comments
in accordance with 19 CFR 351.224(b). its preliminary determination. If the V. Affiliation and Collapsing
final determination is affirmative, the VI. Discussion of the Methodology
Verification ITC will determine before the later of A. Determination of the Comparison
As provided in section 782(i)(1) of the 120 days after the date of this Method
Act, the Department intends to verify preliminary determination or 45 days B. Results of the Differential Pricing
the information relied upon in making after the final determination whether Analysis
its final determination. these imports are materially injuring, or VII. Date of Sale
VIII. Product Comparisons
Public Comment threaten material injury to, the U.S.
IX. Export Price and Constructed Export
industry. Price
Case briefs or other written comments
Notification to Interested Parties X. Normal Value
may be submitted to the Assistant A. Home Market Viability
Secretary for Enforcement and This determination is issued and B. Level of Trade
Compliance no later than seven days published in accordance with sections C. Cost of Production (COP) Analysis
after the date on which the last 733(f) and 777(i)(1) of the Act and 19 1. Calculation of COP
verification report is issued in this CFR 351.205(c). 2. Test of Comparison Market Sales Prices
investigation. Rebuttal briefs, limited to 3. Results of the COP Test
Dated: October 24, 2017.
issues raised in case briefs, may be D. Calculation of NV Based on Comparison
Gary Taverman, Market Prices
submitted no later than five days after
Deputy Assistant Secretary for Antidumping XI. Application of Facts Available and Use of
the deadline date for case briefs.10 and Countervailing Duty Operations, Adverse Inference
Pursuant to 19 CFR 351.309(c)(2) and performing the non-exclusive functions and XII. Currency Conversion
(d)(2), parties who submit case briefs or duties of the Assistant Secretary for XIII. Conclusion
rebuttal briefs in this investigation are Enforcement and Compliance.
[FR Doc. 2017–23645 Filed 10–30–17; 8:45 am]
encouraged to submit with each
argument: (1) A statement of the issue; Appendix I BILLING CODE 3510–DS–P
(2) a brief summary of the argument; Scope of the Investigation
and (3) a table of authorities. The products covered by this investigation DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.310(c), are certain hot-rolled products of carbon steel
interested parties who wish to request a and alloy steel, in coils, of approximately International Trade Administration
hearing, limited to issues raised in the round cross section, less than 19.00 mm in
case and rebuttal briefs, must submit a actual solid cross-sectional diameter. [A–791–823]
written request to the Assistant Specifically excluded are steel products
possessing the above-noted physical Carbon and Alloy Steel Wire Rod From
Secretary for Enforcement and characteristics and meeting the Harmonized
Compliance, U.S. Department of the Republic of South Africa:
Tariff Schedule of the United States (HTSUS) Preliminary Affirmative Determination
Commerce, within 30 days after the date definitions for (a) stainless steel; (b) tool
of publication of this notice. Requests of Sales at Less Than Fair Value,
steel; (c) high-nickel steel; (d) ball bearing
should contain the party’s name, steel; or (e) concrete reinforcing bars and Preliminary Affirmative Determination
address, and telephone number, the rods. Also excluded are free cutting steel of Critical Circumstances, and
number of participants, whether any (also known as free machining steel) Preliminary Determination of No
participant is a foreign national, and a products (i.e., products that contain by Shipments
weight one or more of the following
list of the issues to be discussed. If a elements: 0.1 percent of more of lead, 0.05 AGENCY: Enforcement and Compliance,
request for a hearing is made, the percent or more of bismuth, 0.08 percent or International Trade Administration,
Department intends to hold the hearing more of sulfur, more than 0.04 percent of Department of Commerce.
at the U.S. Department of Commerce, phosphorous, more than 0.05 percent of SUMMARY: The Department of Commerce
1401 Constitution Avenue NW., selenium, or more than 0.01 percent of (the Department) preliminarily
Washington, DC 20230, at a time and tellurium). All products meeting the physical determines that carbon and alloy steel
date to be determined. Parties should description of subject merchandise that are
wire rod (wire rod) from the Republic of
confirm by telephone the date, time, and not specifically excluded are included in this
scope. South Africa (South Africa) is being, or
location of the hearing two days before is likely to be, sold in the United States
The products under investigation are
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the scheduled date. currently classifiable under subheadings at less than fair value (LTFV). The
Final Determination 7213.91.3011, 7213.91.3015, 7213.91.3020, period of investigation (POI) is January
7213.91.3093, 7213.91.4500, 7213.91.6000, 1, 2016, through December 31, 2016.
Section 735(a)(1) of the Act and 19 7213.99.0030, 7227.20.0030, 7227.20.0080, DATES: Applicable October 31, 2017.
CFR 351.210(b)(1) provide that the 7227.90.6010, 7227.90.6020, 7227.90.6030,
Department will issue the final and 7227.90.6035 of the HTSUS. Products FOR FURTHER INFORMATION CONTACT:
entered under subheadings 7213.99.0090 and Moses Song or John McGowan, AD/CVD
10 See 19 CFR 351.309; see also 19 CFR 351.303 7227.90.6090 of the HTSUS may also be Operations, Office VI, Enforcement and
(for general filing requirements). included in this scope if they meet the Compliance, International Trade
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![50386 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices
Washington, DC 20230, at a time and not specifically excluded are included in this Compliance, International Trade
date to be determined. Parties should scope. Administration, U.S. Department of
confirm by telephone the date, time, and The products under investigation are Commerce, 1401 Constitution Avenue
currently classifiable under subheadings
location of the hearing two days before NW., Washington, DC 20230; telephone:
7213.91.3011, 7213.91.3015, 7213.91.3020,
the scheduled date. 7213.91.3093, 7213.91.4500, 7213.91.6000, (202) 482–2316 or (202) 482–1398.
Final Determination 7213.99.0030, 7227.20.0030, 7227.20.0080, SUPPLEMENTARY INFORMATION:
7227.90.6010, 7227.90.6020, 7227.90.6030,
Section 735(a)(1) of the Act and 19 and 7227.90.6035 of the HTSUS. Products Background
CFR 351.210(b)(1) provide that the entered under subheadings 7213.99.0090 and This preliminary determination is
Department will issue the final 7227.90.6090 of the HTSUS may also be
included in this scope if they meet the made in accordance with section 733(b)
determination within 75 days after the of the Tariff Act of 1930, as amended
physical description of subject merchandise
date of its preliminary determination. above. Although the HTSUS subheadings are (the Act). The Department published the
Accordingly, the Department will make provided for convenience and customs notice of initiation of this investigation
its final determination no later than 75 purposes, the written description of the on April 26, 2017.1 On August 21, 2017,
days after the signature date of this scope of these proceedings is dispositive. the Department postponed the
preliminary determination. preliminary determination of this
Appendix II
International Trade Commission investigation and revised the deadline
List of Topics Discussed in the Preliminary to October 24, 2017.2 For a complete
Notification Decision Memorandum description of the events that followed
In accordance with section 733(f) of I. Summary the initiation of this investigation, see
the Act, the Department will notify the II. Background the Preliminary Decision
International Trade Commission (ITC) of III. Period of Investigation
Memorandum.3 A list of topics included
its preliminary determination. If the IV. Scope Comments
V. Preliminary Determination of No in the Preliminary Decision
final determination is affirmative, the Shipments Memorandum is included as Appendix
ITC will determine before the later of VI. Affiliation and Collapsing of Affiliates II to this notice. The Preliminary
120 days after the date of this VII. Application of Facts Available and Use Decision Memorandum is a public
preliminary determination or 45 days of Adverse Inference document and is on file electronically
after the final determination whether A. Application of Facts Available via Enforcement and Compliance’s
these imports are materially injuring, or B. Use of Adverse Inference Antidumping and Countervailing Duty
threaten material injury to, the U.S. C. Selection and Corroboration of the AFA
Centralized Electronic Service System
industry. Rate
VIII. All-Others Rate (ACCESS). ACCESS is available to
Notification to Interested Parties IX. Critical Circumstances registered users at https://
A. Legal Framework access.trade.gov, and to all parties in the
This determination is issued and B. Critical Circumstances Allegation Central Records Unit, Room B8024 of
published in accordance with sections C. Analysis the main Department of Commerce
733(f) and 777(i)(1) of the Act and 19 X. Conclusion building. In addition, a complete
CFR 351.205(c). [FR Doc. 2017–23649 Filed 10–30–17; 8:45 am] version of the Preliminary Decision
Dated: October 24, 2017. BILLING CODE 3510–DS–P Memorandum can be accessed directly
Gary Taverman, at http://enforcement.trade.gov/frn/.
Deputy Assistant Secretary for Antidumping
The signed and the electronic versions
and Countervailing Duty Operations, DEPARTMENT OF COMMERCE of the Preliminary Decision
performing the non-exclusive functions and Memorandum are identical in content.
duties of the Assistant Secretary for International Trade Administration
Scope of the Investigation
Enforcement and Compliance. [A–580–891]
The products covered by this
Appendix I
Carbon and Alloy Steel Wire Rod From investigation are wire rod from Korea.
Scope of the Investigation the Republic of Korea: Preliminary For a complete description of the scope
The products covered by this investigation Affirmative Determination of Sales at of this investigation, see Appendix I.
are certain hot-rolled products of carbon steel Less Than Fair Value, and Preliminary
and alloy steel, in coils, of approximately Negative Determination of Critical 1 See Carbon And Alloy Steel Wire Rod From
round cross section, less than 19.00 mm in Circumstances Belarus, Italy, the Republic of Korea, the Russian
actual solid cross-sectional diameter. Federation, South Africa, Spain, the Republic of
Specifically excluded are steel products AGENCY: Enforcement and Compliance, Turkey, Ukraine, United Arab Emirates, and United
possessing the above-noted physical International Trade Administration, Kingdom: Initiation of Less-Than-Fair-Value
characteristics and meeting the Harmonized Investigations, 82 FR 19207 (April 26, 2017)
Department of Commerce. (Initiation Notice).
Tariff Schedule of the United States (HTSUS) SUMMARY: The Department of Commerce 2 See Carbon And Alloy Steel Wire Rod From
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball bearing
(the Department) preliminarily Belarus, Italy, the Republic of Korea, the Russian
determines that Carbon and Alloy Steel Federation, South Africa, Spain, the Republic of
steel; or (e) concrete reinforcing bars and Turkey, Ukraine, United Arab Emirates, and United
rods. Also excluded are free cutting steel Wire Rod (wire rod) from the Republic Kingdom: Initiation of Less-Than-Fair-Value
of Korea (Korea) is being, or is likely to
asabaliauskas on DSKBBXCHB2PROD with NOTICES
(also known as free machining steel) Investigations: Postponement of Preliminary
products (i.e., products that contain by be, sold in the United States at less than Determinations of Antidumping Duty
weight one or more of the following fair value (LTFV). The period of Investigations, 82 FR 35964 (August 21, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
elements: 0.1 percent of more of lead, 0.05 investigation (POI) is January 1, 2016,
percent or more of bismuth, 0.08 percent or the Preliminary Affirmative Determination of Saels
through December 31, 2016. at Less-Than-Fair-Value, Preliminary Negative
more of sulfur, more than 0.04 percent of
DATES: Applicable October 31, 2017. Determination of Critical Circumstances, in the
phosphorous, more than 0.05 percent of investigation of Carbon And Alloy Steel Wire Rod
selenium, or more than 0.01 percent of FOR FURTHER INFORMATION CONTACT:
From the Republic of Korea’’ dated concurrently
tellurium). All products meeting the physical Lingjun Wang or Toni Page, AD/CVD with, and hereby adopted by, this notice
description of subject merchandise that are Operations, Office VII, Enforcement and (Preliminary Decision Memorandum).
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Document Created: 2018-10-25 10:17:29
Document Modified: 2018-10-25 10:17:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 31, 2017. | |
| Contact | Moses Song or John McGowan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-3019, respectively. | |
| FR Citation | 82 FR 50383 |
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