82_FR_50595 82 FR 50386 - Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances

82 FR 50386 - Carbon and Alloy Steel Wire Rod From the Republic of Korea: 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 Range50386-50388
FR Document2017-23646

The Department of Commerce (the Department) preliminarily determines that Carbon and Alloy Steel Wire Rod (wire rod) from the Republic of Korea (Korea) 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 50386-50388]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23646]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: 
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 Carbon and Alloy Steel Wire Rod (wire rod) from the 
Republic of Korea (Korea) 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: Lingjun Wang or Toni Page, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2316 or (202) 482-1398.

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 revised the deadline to 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 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: 
Postponement of Preliminary Determinations of Antidumping Duty 
Investigations, 82 FR 35964 (August 21, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of Saels at Less-Than-Fair-Value, 
Preliminary Negative Determination of Critical Circumstances, in the 
investigation of Carbon And Alloy Steel Wire Rod From the Republic 
of Korea'' 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 Korea. 
For a complete description of the scope of this investigation, see 
Appendix I.

[[Page 50387]]

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted on the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department is not preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the scope in Appendix I to this 
notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Carbon And Alloy Steel Wire Rod From 
Belarus, Italy, the Republic of Korea, the Russian Federation, South 
Africa, Spain, the Republic of Turkey, Ukraine, United Arab 
Emirates, and United Kingdom: Scope Comments Decision Memorandum for 
the Preliminary Determination'' (Preliminary Scope Decision 
Memorandum), dated concurrently with this preliminary determination.
---------------------------------------------------------------------------

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. Constructed export prices 
have been calculated in accordance with section 772(b) 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 determination, see the Preliminary Decision Memorandum.

Preliminary Negative 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 do not 
exist for POSCO or All-Other producers and exporters. For a full 
description of the methodology and results of the Department's critical 
circumstances analysis, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    The Department calculated an individual estimated weighted-average 
dumping margin for POSCO, the only individually exporter/producer to 
receive an individually calculated rate. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for POSCO is the margin assigned to all-other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
POSCO...................................................           10.09
All-Others..............................................           10.09
------------------------------------------------------------------------

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 
respondent listed above will be equal to the company-specific estimated 
weighted-average dumping margins determined in this preliminary 
determination; (2) if the exporter is not a respondent identified 
above, but the producer is, then the cash deposit rate will be equal to 
the company-specific estimated weighted-average dumping margin 
established for that producer of the subject merchandise; and (3) the 
cash deposit rate for all other producers and exporters will be equal 
to the all-others estimated weighted-average dumping margin.

Disclosure

    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)(1) 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 last 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.\7\ 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.
---------------------------------------------------------------------------

    \7\ 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

[[Page 50388]]

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 or more of lead, 0.05 
percent or more of bismuth, 0.08 percent or more of sulfur, more 
than 0.04 percent of phosphorous, more than 0.05 percent of 
selenium, or more than 0.01 percent of tellurium). All products 
meeting the physical description of subject merchandise that are not 
specifically excluded are included in this scope.
    The products under investigation are currently classifiable 
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. All-Others Rate
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Preliminary Determination of No Sales (Not an Approporiate 
Party To Be Examied)
IX. Affiliation and Collapsing
X. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
XI. Date of Sale
XII. Product Comparisons
XIII. Export Price and Constructed Export Price
XIV. Normal Value
    A. Home 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 Home Market Sales Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Home Market Prices
XV. Currency Conversion
XVI. Conclusion
Table of Authorities

[FR Doc. 2017-23646 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                    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).



                                               VerDate Sep<11>2014   17:37 Oct 30, 2017   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                                                 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                               50387

                                                    Scope Comments                                          estimated weighted-average dumping                    Disclosure
                                                      In accordance with the preamble to                    margins established for exporters and                    The Department intends to disclose
                                                    the Department’s regulations,4 the                      producers individually investigated,                  its calculations and analysis performed
                                                    Initiation Notice set aside a period of                 excluding any zero or de minimis                      to interested parties in this preliminary
                                                    time for parties to raise issues regarding              margins, and any margins determined                   determination within five days of any
                                                    product coverage (i.e., scope).5 Certain                entirely under section 776 of the Act.                public announcement or, if there is no
                                                    interested parties commented on the                       The Department calculated an                        public announcement, within five days
                                                    scope of the investigation as it appeared               individual estimated weighted-average                 of the date of publication of this notice
                                                    in the Initiation Notice. For a summary                 dumping margin for POSCO, the only                    in accordance with 19 CFR 351.224(b).
                                                    of the product coverage comments and                    individually exporter/producer to
                                                                                                            receive an individually calculated rate.              Verification
                                                    rebuttal responses submitted on the
                                                    record for this preliminary                             Because the only individually                            As provided in section 782(i)(1) of the
                                                    determination, and accompanying                         calculated dumping margin is not zero,                Act, the Department intends to verify
                                                    discussion and analysis of all comments                 de minimis, or based entirely on facts                the information relied upon in making
                                                    timely received, see the Preliminary                    otherwise available, the estimated                    its final determination.
                                                    Scope Decision Memorandum.6 The                         weighted-average dumping margin                       Public Comment
                                                    Department is not preliminarily                         calculated for POSCO is the margin
                                                    modifying the scope language as it                      assigned to all-other producers and                       Case briefs or other written comments
                                                    appeared in the Initiation Notice. See                  exporters, pursuant to section                        may be submitted to the Assistant
                                                    the scope in Appendix I to this notice.                 735(c)(5)(A) of the Act.                              Secretary for Enforcement and
                                                                                                                                                                  Compliance no later than seven days
                                                    Methodology                                             Preliminary Determination                             after the date on which the last
                                                      The Department is conducting this                        The Department preliminarily                       verification report is issued in this
                                                    investigation in accordance with section                determines that the following estimated investigation. Rebuttal briefs, limited to
                                                    731 of the Act. The Department has                      weighted-average dumping margins                      issues raised in case briefs, may be
                                                    calculated export prices in accordance                  exist:                                                submitted no later than five days after
                                                    with section 772(a) of the Act.                                                                               the deadline date for case briefs.7
                                                    Constructed export prices have been                                                               Estimated   Pursuant     to 19 CFR 351.309(c)(2) and
                                                    calculated in accordance with section                                                             weighted-   (d)(2), parties who submit case briefs or
                                                    772(b) of the Act. Normal value (NV) is                                                            average    rebuttal briefs in this investigation are
                                                                                                                  Exporter/producer                   dumping     encouraged to submit with each
                                                    calculated in accordance with section                                                              margin
                                                    773 of the Act. For a full description of                                                         (percent)   argument: (1) A statement of the issue;
                                                    the methodology underlying the                                                                                (2) a brief summary of the argument;
                                                    preliminary determination, see the                      POSCO .................................         10.09 and (3) a table of authorities.
                                                    Preliminary Decision Memorandum.                        All-Others ..............................       10.09     Pursuant to 19 CFR 351.310(c),
                                                                                                                                                                  interested parties who wish to request a
                                                    Preliminary Negative Determination of                   Suspension of Liquidation                             hearing, limited to issues raised in the
                                                    Critical Circumstances                                                                                        case and rebuttal briefs, must submit a
                                                      In accordance with section 733(e) of                     In accordance with section 733(d)(2)
                                                                                                                                                                  written request to the Assistant
                                                    the Act and 19 CFR 351.206, the                         of the Act, the Department will direct
                                                                                                                                                                  Secretary for Enforcement and
                                                    Department preliminarily finds that                     U.S. Customs and Border Protection
                                                                                                                                                                  Compliance, U.S. Department of
                                                    critical circumstances do not exist for                 (CBP) to suspend liquidation of entries
                                                                                                                                                                  Commerce, within 30 days after the date
                                                    POSCO or All-Other producers and                        of subject merchandise, as described in
                                                                                                                                                                  of publication of this notice. Requests
                                                    exporters. For a full description of the                Appendix I, entered, or withdrawn from
                                                                                                                                                                  should contain the party’s name,
                                                    methodology and results of the                          warehouse, for consumption on or after
                                                                                                                                                                  address, and telephone number, the
                                                    Department’s critical circumstances                     the date of publication of this notice in
                                                                                                                                                                  number of participants, whether any
                                                    analysis, see the Preliminary Decision                  the Federal Register. Further, pursuant
                                                                                                                                                                  participant is a foreign national, and a
                                                    Memorandum.                                             to section 733(d)(1)(B) of the Act and 19
                                                                                                                                                                  list of the issues to be discussed. If a
                                                                                                            CFR 351.205(d), the Department will
                                                    All-Others Rate                                                                                               request for a hearing is made, the
                                                                                                            instruct CBP to require a cash deposit
                                                                                                                                                                  Department intends to hold the hearing
                                                      Sections 733(d)(1)(ii) and 735(c)(5)(A)               equal to the estimated weighted-average
                                                                                                                                                                  at the U.S. Department of Commerce,
                                                    of the Act provide that in the                          dumping margin or the estimated all-
                                                                                                                                                                  1401 Constitution Avenue NW.,
                                                    preliminary determination the                           others rate, as follows: (1) The cash
                                                                                                                                                                  Washington, DC 20230, at a time and
                                                    Department shall determine an                           deposit rate for the respondent listed
                                                                                                                                                                  date to be determined. Parties should
                                                    estimated all-others rate for all exporters             above will be equal to the company-
                                                                                                                                                                  confirm by telephone the date, time, and
                                                    and producers not individually                          specific estimated weighted-average
                                                                                                                                                                  location of the hearing two days before
                                                    examined. This rate shall be an amount                  dumping margins determined in this
                                                                                                                                                                  the scheduled date.
                                                    equal to the weighted average of the                    preliminary determination; (2) if the
                                                                                                            exporter is not a respondent identified               Final Determination
                                                      4 See Antidumping Duties; Countervailing Duties,      above, but the producer is, then the cash                 Section 735(a)(1) of the Act and 19
                                                    Final Rule, 62 FR 27296, 27323 (May 19, 1997).          deposit rate will be equal to the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      5 See Initiation Notice.
                                                                                                                                                                  CFR 351.210(b)(1) provide that the
                                                                                                            company-specific estimated weighted-                  Department will issue the final
                                                      6 See Memorandum, ‘‘Carbon And Alloy Steel

                                                    Wire Rod From Belarus, Italy, the Republic of
                                                                                                            average dumping margin established for determination within 75 days after the
                                                    Korea, the Russian Federation, South Africa, Spain,     that producer of the subject                          date of its preliminary determination.
                                                    the Republic of Turkey, Ukraine, United Arab            merchandise; and (3) the cash deposit                 Accordingly, the Department will make
                                                    Emirates, and United Kingdom: Scope Comments            rate for all other producers and
                                                    Decision Memorandum for the Preliminary                                                                       its final determination no later than 75
                                                    Determination’’ (Preliminary Scope Decision
                                                                                                            exporters will be equal to the all-others
                                                    Memorandum), dated concurrently with this               estimated weighted-average dumping                       7 See 19 CFR 351.309; see also 19 CFR 351.303

                                                    preliminary determination.                              margin.                                               (for general filing requirements).



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                                                    50388                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    days after the signature date of this                   Appendix II                                           Constitution Avenue NW., Washington,
                                                    preliminary determination.                              List of Topics Discussed in the Preliminary
                                                                                                                                                                  DC 20230; telephone: (202) 482–3518.
                                                    International Trade Commission                          Decision Memorandum                                   SUPPLEMENTARY INFORMATION:
                                                    Notification                                            I. Summary                                            Background
                                                       In accordance with section 733(f) of                 II. Background
                                                                                                            III. Period of Investigation                             On July 6, 2017, based on a timely
                                                    the Act, the Department will notify the                 IV. Postponement of Final Determination and           request for review by OCTAL SAOC
                                                    International Trade Commission (ITC) of                       Extension of Provisional Measures               FZC (OCTAL), the Department
                                                    its preliminary determination. If the                   V. Scope Comments                                     published in the Federal Register a
                                                    final determination is affirmative, the                 VI. All-Others Rate                                   notice of initiation of an administrative
                                                    ITC will determine before the later of                  VII. Preliminary Negative Determination of            review of the AD order on PET resin
                                                    120 days after the date of this                               Critical Circumstances                          from Oman with respect to OCTAL for
                                                    preliminary determination or 45 days                    VIII. Preliminary Determination of No Sales           the POR.1 On August 22, 2017, pursuant
                                                    after the final determination whether                         (Not an Approporiate Party To Be
                                                                                                                  Examied)
                                                                                                                                                                  to 19 CFR 351.213(d)(1), OCTAL timely
                                                    these imports are materially injuring, or                                                                     withdrew its request to be reviewed.2
                                                                                                            IX. Affiliation and Collapsing
                                                    threaten material injury to, the U.S.                   X. Discussion of the Methodology
                                                    industry.                                                                                                     Rescission of Review
                                                                                                               A. Determination of the Comparison
                                                    Notification to Interested Parties                            Method                                            Pursuant to 19 CFR 351.213(d)(1), the
                                                                                                               B. Results of the Differential Pricing             Department will rescind an
                                                      This determination is issued and                            Analysis                                        administrative review, in whole or in
                                                    published in accordance with sections                   XI. Date of Sale                                      part, if the parties that requested the
                                                    733(f) and 777(i)(1) of the Act and 19                  XII. Product Comparisons                              review withdraw their requests within
                                                    CFR 351.205(c).                                         XIII. Export Price and Constructed Export             90 days of the publication of the notice
                                                                                                                  Price
                                                      Dated: October 24, 2017.                                                                                    of initiation of the requested review.
                                                                                                            XIV. Normal Value
                                                    Gary Taverman,                                             A. Home Market Viability                           OCTAL withdrew its review request by
                                                    Deputy Assistant Secretary for Antidumping                 B. Affiliated Party Transactions and Arm’s-        the 90-day deadline, and no other party
                                                    and Countervailing Duty Operations,                           Length Test                                     requested an administrative review of
                                                    performing the non-exclusive functions and                 C. Level of Trade                                  the AD order. Therefore, we are
                                                    duties of the Assistant Secretary for                      D. Cost of Production (COP) Analysis               rescinding the administrative review of
                                                    Enforcement and Compliance.                                1. Calculation of COP                              the AD order on PET resin from Oman
                                                                                                               2. Test of Home Market Sales Prices                covering the period October 15, 2015,
                                                    Appendix I                                                 3. Results of the COP Test                         through April 30, 2017 in its entirety.
                                                    Scope of the Investigation                                 E. Calculation of NV Based on Home
                                                       The products covered by this investigation                 Market Prices                                   Assessment
                                                    are certain hot-rolled products of carbon steel         XV. Currency Conversion
                                                                                                            XVI. Conclusion
                                                                                                                                                                     The Department will instruct U.S.
                                                    and alloy steel, in coils, of approximately                                                                   Customs and Border Protection (CBP) to
                                                    round cross section, less than 19.00 mm in              Table of Authorities
                                                                                                                                                                  assess AD duties on all appropriate
                                                    actual solid cross-sectional diameter.                  [FR Doc. 2017–23646 Filed 10–30–17; 8:45 am]
                                                    Specifically excluded are steel products                                                                      entries. Because the Department is
                                                                                                            BILLING CODE 3510–DS–P
                                                    possessing the above-noted physical                                                                           rescinding this administrative review in
                                                    characteristics and meeting the Harmonized                                                                    its entirety, the entries to which this
                                                    Tariff Schedule of the United States (HTSUS)
                                                                                                            DEPARTMENT OF COMMERCE                                administrative review pertains shall be
                                                    definitions for (a) stainless steel; (b) tool                                                                 assessed AD duties that are equal to the
                                                    steel; (c) high-nickel steel; (d) ball bearing                                                                cash deposits of estimated AD duties
                                                    steel; or (e) concrete reinforcing bars and
                                                                                                            International Trade Administration
                                                                                                                                                                  required at the time of entry, or
                                                    rods. Also excluded are free cutting steel              [A–523–810]
                                                    (also known as free machining steel)
                                                                                                                                                                  withdrawal from warehouse, for
                                                    products (i.e., products that contain by                                                                      consumption, in accordance with 19
                                                                                                            Polyethylene Terephthalate Resin
                                                    weight one or more of the following                                                                           CFR 351.212(c)(1)(i). The Department
                                                                                                            From the Sultanate of Oman:
                                                    elements: 0.1 percent or more of lead, 0.05                                                                   intends to issue appropriate assessment
                                                                                                            Rescission of Antidumping Duty
                                                    percent or more of bismuth, 0.08 percent or                                                                   instructions to CBP within 15 days after
                                                    more of sulfur, more than 0.04 percent of               Administrative Review; 2015–2017
                                                                                                                                                                  the publication of this notice in the
                                                    phosphorous, more than 0.05 percent of                                                                        Federal Register.
                                                                                                            AGENCY:   Enforcement and Compliance,
                                                    selenium, or more than 0.01 percent of
                                                    tellurium). All products meeting the physical           International Trade Administration,                   Notification to Importers
                                                    description of subject merchandise that are             Department of Commerce.
                                                    not specifically excluded are included in this          SUMMARY: The Department of Commerce                     This notice serves as the only
                                                    scope.                                                  (the Department) is rescinding the                    reminder to importers of their
                                                       The products under investigation are                 administrative review of the                          responsibility under 19 CFR
                                                    currently classifiable under subheadings                antidumping duty (AD) order on                        351.402(f)(2) to file a certificate
                                                    7213.91.3011, 7213.91.3015, 7213.91.3020,               polyethylene terephthalate resin (PET                 regarding the reimbursement of
                                                    7213.91.3093; 7213.91.4500, 7213.91.6000,               resin) from the Sultanate of Oman                     antidumping duties prior to liquidation
                                                    7213.99.0030, 7227.20.0030, 7227.20.0080,                                                                     of the relevant entries during this
                                                                                                            (Oman) for the period of review (POR),
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    7227.90.6010, 7227.90.6020, 7227.90.6030,                                                                     review period. Failure to comply with
                                                    and 7227.90.6035 of the HTSUS. Products                 i.e., October 15, 2015, through April 30,
                                                    entered under subheadings 7213.99.0090 and              2017.
                                                                                                                                                                    1 See Initiation of Antidumping and
                                                    7227.90.6090 of the HTSUS also may be                   DATES: Applicable October 31, 2017.                   Countervailing Duty Administrative Reviews, 82 FR
                                                    included in this scope if they meet the
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      31292 (July 6, 2017) (Initiation Notice).
                                                    physical description of subject merchandise                                                                     2 See Letter from OCTAL to the Secretary of
                                                    above. Although the HTSUS subheadings are               Jonathan Hill, AD/CVD Operations,
                                                                                                                                                                  Commerce ‘‘OCTAL’s Withdrawal of Request for AD
                                                    provided for convenience and customs                    Office IV, Enforcement & Compliance,                  Review Certain Polyethylene Terephthalate (PET)
                                                    purposes, the written description of the                International Trade Administration,                   Resin from the Sultanate of Oman,’’ dated August
                                                    scope of this proceeding is dispositive.                Department of Commerce, 1401                          22, 2017.



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Document Created: 2018-10-25 10:18:35
Document Modified: 2018-10-25 10:18:35
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.
ContactLingjun Wang or Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2316 or (202) 482-1398.
FR Citation82 FR 50386 

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