82_FR_50603 82 FR 50394 - Carbon and Alloy Steel Wire Rod From the United Kingdom: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances

82 FR 50394 - Carbon and Alloy Steel Wire Rod From the United Kingdom: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range50394-50396
FR Document2017-23651

The Department of Commerce (the Department) preliminarily determines that carbon and alloy steel wire rod (wire rod) from the United Kingdom 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 50394-50396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23651]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-826]


Carbon and Alloy Steel Wire Rod From the United Kingdom: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
and Preliminary Affirmative 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 
United Kingdom 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: Alice Maldonado, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4682.

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 the 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 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 Antidumping Duty Investigation of Carbon and 
Alloy Steel Wire Rod from the United Kingdom'' 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 the 
United Kingdom. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ Since the 
issuance of the Preliminary Scope Decision Memorandum, certain parties 
submitted scope case briefs or scope rebuttal briefs.\7\ The Department 
will issue a final scope decision on the records of the wire rod 
investigations after considering those comments submitted in scope case 
and rebuttal briefs.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from 
Belarus, Italy, the Republic of Korea, the Russian Federation, South 
Africa, Spain, the Republic of Turkey, Ukraine, the United Arab 
Emirates, and the United Kingdom: Scope Comments Decision Memorandum 
for the Preliminary Determination'' (Preliminary Scope Decision 
Memorandum), dated August 7, 2017.
    \7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department selected two respondents in this 
investigation, British Steel Limited (British Steel) and Longs Steel UK 
Limited (Longs Steel). British Steel submitted information on the 
record of this investigation demonstrating that it purchased Longs 
Steel during the POI. British Steel also submitted information 
supporting its claim that it operates essentially as a new company. 
After analyzing this information, the Department preliminarily finds 
that British Steel is not the successor-in-interest to Longs Steel. For 
further discussion, see the Preliminary Decision Memorandum and the 
Successor-In-Interest Analysis Memo.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Antidumping Duty Investigation of Carbon 
and Alloy Steel Wire Rod from the United Kingdom: Preliminary 
Successor-In-Interest Determination,'' dated concurrently with this 
preliminary determination.
---------------------------------------------------------------------------

    With respect to British Steel, the Department has calculated export 
prices in accordance with section 772(a) of the Act. Normal value (NV) 
is calculated in accordance with section 773 of the Act.

[[Page 50395]]

Furthermore, pursuant to section 776(a) and (b) of the Act, the 
Department has preliminarily relied upon facts otherwise available, 
with an adverse inference, for Longs Steel. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision 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 British Steel, Longs Steel, and all other producers/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)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination the Department shall determine an 
estimated all-others rate for all exporters and producers not 
individually examined. This rate shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    In this investigation, the Department preliminarily assigned a rate 
based entirely on facts available to Longs Steel. Therefore, the only 
rate that is not zero, de minimis or based entirely on facts otherwise 
available is the rate calculated for British Steel. Consequently, the 
rate calculated for British Steel is also assigned as the rate for all-
other producers and exporters.

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
British Steel Limited...................................           41.96
Longs Steel Longs Steel UK Limited......................          147.63
All-Others..............................................           41.96
------------------------------------------------------------------------

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 British Steel, Longs Steel, 
and all other exporters. 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(s) or exporter(s) 
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

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

Final Determination

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

International Trade Commission 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).


[[Page 50396]]


    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. 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. Successor-In-Interest
VI. Discussion of the Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
    E. Calculation of NV Based on Constructed Value
XI. 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
XII. Critical Circumstances
XIII. Currency Conversion
XIV. Conclusion

[FR Doc. 2017-23651 Filed 10-30-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                    50394                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                    67762–26–9 (unsaturated alkylcarboxylic                 investigation (POI) is January 1, 2016,                description of the scope of this
                                                    acid methyl ester); or 68937–84–8 (fatty                through December 31, 2016.                             investigation, see Appendix I.
                                                    acids, C12–C18, methyl ester).
                                                                                                            DATES: Applicable October 31, 2017.                    Scope Comments
                                                      The B100 product subject to the
                                                    investigation is currently classifiable under           FOR FURTHER INFORMATION CONTACT:
                                                                                                            Alice Maldonado, AD/CVD Operations,                       In accordance with the preamble to
                                                    subheading 3826.00.1000 of the Harmonized
                                                                                                            Office II, Enforcement and Compliance,                 the Department’s regulations,4 the
                                                    Tariff Schedule of the United States
                                                    (HTSUS), while the B99 product is currently             International Trade Administration,                    Initiation Notice set aside a period of
                                                    classifiable under HTSUS subheading                     U.S. Department of Commerce, 1401                      time for parties to raise issues regarding
                                                    3826.00.3000. Although the HTSUS                        Constitution Avenue NW., Washington,                   product coverage (i.e., scope).5 Certain
                                                    subheadings, ASTM specifications, and CAS               DC 20230; telephone: (202) 482–4682.                   interested parties commented on the
                                                    numbers are provided for convenience and                                                                       scope of the investigation as it appeared
                                                    customs purposes, the written description of            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   in the Initiation Notice. For a summary
                                                    the scope is dispositive.                               Background                                             of the product coverage comments and
                                                    Appendix II                                                This preliminary determination is                   rebuttal responses submitted to the
                                                                                                            made in accordance with section 733(b)                 record for this investigation, and
                                                    List of Topics Discussed in the Preliminary                                                                    accompanying discussion and analysis
                                                    Decision Memorandum                                     of the Tariff Act of 1930, as amended
                                                                                                            (the Act). The Department published the                of all comments timely received, see the
                                                    I. Summary                                                                                                     Preliminary Scope Decision
                                                    II. Background                                          notice of initiation of this investigation
                                                                                                            on April 26, 2017.1 On August 21, 2017,                Memorandum.6 Since the issuance of
                                                    III. Period of Investigation
                                                                                                            the Department postponed the                           the Preliminary Scope Decision
                                                    IV. Preliminary Affirmative Critical
                                                          Circumstances, In Part                            preliminary determination of this                      Memorandum, certain parties submitted
                                                       A. Legal Framework                                   investigation and the revised deadline is              scope case briefs or scope rebuttal
                                                       B. Critical Circumstances Allegation                 now October 24, 2017.2 For a complete                  briefs.7 The Department will issue a
                                                       C. Analysis                                          description of the events that followed                final scope decision on the records of
                                                    V. Affiliation and Collapsing                           the initiation of this investigation, see              the wire rod investigations after
                                                       A. Vicentin Group                                                                                           considering those comments submitted
                                                    VI. Discussion of the Methodology
                                                                                                            the Preliminary Decision
                                                                                                            Memorandum.3 A list of topics included                 in scope case and rebuttal briefs.
                                                       A. Comparisions to Fair Value
                                                    VII. Product Comparisons                                in the Preliminary Decision                            Methodology
                                                    VIII. Date of Sale                                      Memorandum is included as Appendix                       The Department is conducting this
                                                    IX. Export Price and Constructed Export                 II to this notice. The Preliminary                     investigation in accordance with section
                                                          Price                                             Decision Memorandum is a public                        731 of the Act. The Department selected
                                                    X. Normal Value                                         document and is on file electronically
                                                       A. Market Viability                                                                                         two respondents in this investigation,
                                                                                                            via Enforcement and Compliance’s                       British Steel Limited (British Steel) and
                                                    XI. Particular Market Situation                         Antidumping and Countervailing Duty
                                                       A. Background                                                                                               Longs Steel UK Limited (Longs Steel).
                                                                                                            Centralized Electronic Service System                  British Steel submitted information on
                                                       B. Interest Parties’ Arguments
                                                       C. Analysis
                                                                                                            (ACCESS). ACCESS is available to                       the record of this investigation
                                                    XII. Calculation of Normal Value Based on               registered users at https://                           demonstrating that it purchased Longs
                                                          Constructed Value                                 access.trade.gov, and to all parties in the            Steel during the POI. British Steel also
                                                    XIII. Circumstance of Sale Adjustment                   Central Records Unit, room B8024 of the                submitted information supporting its
                                                    XIV. Adjustment to Cash Deposit Rate for                main Department of Commerce                            claim that it operates essentially as a
                                                          Export Subsidies                                  building. In addition, a complete                      new company. After analyzing this
                                                    XV. Currency Conversion                                 version of the Preliminary Decision
                                                    XVI. Conclusion                                                                                                information, the Department
                                                                                                            Memorandum can be accessed directly                    preliminarily finds that British Steel is
                                                    [FR Doc. 2017–23601 Filed 10–30–17; 8:45 am]            at http://enforcement.trade.gov/frn/.                  not the successor-in-interest to Longs
                                                    BILLING CODE 3510–DS–P                                  The signed and the electronic versions                 Steel. For further discussion, see the
                                                                                                            of the Preliminary Decision                            Preliminary Decision Memorandum and
                                                                                                            Memorandum are identical in content.                   the Successor-In-Interest Analysis
                                                    DEPARTMENT OF COMMERCE
                                                                                                            Scope of the Investigation                             Memo.8
                                                    International Trade Administration                                                                               With respect to British Steel, the
                                                                                                              The products covered by this                         Department has calculated export prices
                                                    [A–412–826]                                             investigation are wire rod from the                    in accordance with section 772(a) of the
                                                                                                            United Kingdom. For a complete                         Act. Normal value (NV) is calculated in
                                                    Carbon and Alloy Steel Wire Rod From                                                                           accordance with section 773 of the Act.
                                                                                                               1 See Carbon and Alloy Steel Wire Rod from
                                                    the United Kingdom: Preliminary
                                                                                                            Belarus, Italy, the Republic of Korea, the Russian
                                                    Affirmative Determination of Sales at                   Federation, South Africa, Spain, the Republic of
                                                                                                                                                                      4 See Antidumping Duties; Countervailing Duties,

                                                    Less Than Fair Value, and Preliminary                   Turkey, Ukraine,United Arab Emirates, and the          Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    Affirmative Determination of Critical                   United Kingdom: Initiation of Less-Than-Fair-Value        5 See Initiation Notice.

                                                    Circumstances                                           Investigations, 82 FR 19207 (April 26, 2017)              6 See Memorandum, ‘‘Carbon and Alloy Steel

                                                                                                            (Initiation Notice).                                   Wire Rod from Belarus, Italy, the Republic of Korea,
                                                    AGENCY:  Enforcement and Compliance,                       2 See Carbon and Alloy Steel Wire Rod from Italy,   the Russian Federation, South Africa, Spain, the
                                                                                                                                                                   Republic of Turkey, Ukraine, the United Arab
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    International Trade Administration,                     the Republic of South Africa, Spain, the Republic
                                                                                                            of Turkey, Ukraine and the United Kingdom:             Emirates, and the United Kingdom: Scope
                                                    Department of Commerce.                                 Postponement of Preliminary Determinations in the      Comments Decision Memorandum for the
                                                    SUMMARY: The Department of Commerce                     Less-Than-Fair-Value Investigations, 82 FR 39564       Preliminary Determination’’ (Preliminary Scope
                                                    (the Department) preliminarily                          (August 21, 2017).                                     Decision Memorandum), dated August 7, 2017.
                                                    determines that carbon and alloy steel                     3 See Memorandum, ‘‘Decision Memorandum for            7 See Preliminary Decision Memorandum.

                                                    wire rod (wire rod) from the United                     the Preliminary Determination in the Antidumping          8 See Memorandum, ‘‘Antidumping Duty

                                                                                                            Duty Investigation of Carbon and Alloy Steel Wire      Investigation of Carbon and Alloy Steel Wire Rod
                                                    Kingdom is being, or is likely to be, sold              Rod from the United Kingdom’’ dated concurrently       from the United Kingdom: Preliminary Successor-
                                                    in the United States at less than fair                  with, and hereby adopted by, this notice               In-Interest Determination,’’ dated concurrently with
                                                    value (LTFV). The period of                             (Preliminary Decision Memorandum).                     this preliminary determination.



                                               VerDate Sep<11>2014   17:37 Oct 30, 2017   Jkt 244001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                                                                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices                                          50395

                                                    Furthermore, pursuant to section 776(a)                        U.S. Customs and Border Protection                    Verification
                                                    and (b) of the Act, the Department has                         (CBP) to suspend liquidation of entries                  As provided in section 782(i)(1) of the
                                                    preliminarily relied upon facts                                of subject merchandise, as described in               Act, the Department intends to verify
                                                    otherwise available, with an adverse                           Appendix I, entered, or withdrawn from                the information relied upon in making
                                                    inference, for Longs Steel. For a full                         warehouse, for consumption on or after                its final determination.
                                                    description of the methodology                                 the date of publication of this notice in
                                                    underlying the preliminary                                     the Federal Register. Further, pursuant               Public Comment
                                                    determination, see the Preliminary                             to section 733(d)(1)(B) of the Act and 19                Case briefs or other written comments
                                                    Decision Memorandum.                                           CFR 351.205(d), the Department will                   may be submitted to the Assistant
                                                                                                                   instruct CBP to require a cash deposit                Secretary for Enforcement and
                                                    Preliminary Affirmative Determination
                                                                                                                   equal to the estimated weighted-average               Compliance no later than seven days
                                                    of Critical Circumstances
                                                                                                                   dumping margin or the estimated all-                  after the date on which the last
                                                      In accordance with section 733(e) of                         others rate, as follows: (1) The cash                 verification report is issued in this
                                                    the Act and 19 CFR 351.206, the                                deposit rate for the respondents listed               investigation.
                                                    Department preliminarily finds that                            above will be equal to the company-                      Pursuant to 19 CFR 351.310(c),
                                                    critical circumstances exist for British                       specific estimated weighted-average                   interested parties who wish to request a
                                                    Steel, Longs Steel, and all other                              dumping margins determined in this                    hearing, limited to issues raised in the
                                                    producers/exporters. For a full                                preliminary determination; (2) if the                 case and rebuttal briefs, must submit a
                                                    description of the methodology and                             exporter is not a respondent identified               written request to the Assistant
                                                    results of the Department’s critical                           above, but the producer is, then the cash             Secretary for Enforcement and
                                                    circumstances analysis, see the                                deposit rate will be equal to the                     Compliance, U.S. Department of
                                                    Preliminary Decision Memorandum.                               company-specific estimated weighted-                  Commerce, within 30 days after the date
                                                                                                                   average dumping margin established for                of publication of this notice. Requests
                                                    All-Others Rate
                                                                                                                   that producer of the subject                          should contain the party’s name,
                                                      Sections 733(d)(1)(A)(ii) and                                merchandise; and (3) the cash deposit                 address, and telephone number, the
                                                    735(c)(5)(A) of the Act provide that in                        rate for all other producers and                      number of participants, whether any
                                                    the preliminary determination the                              exporters will be equal to the all-others             participant is a foreign national, and a
                                                    Department shall determine an                                  estimated weighted-average dumping                    list of the issues to be discussed. If a
                                                    estimated all-others rate for all exporters                    margin.                                               request for a hearing is made, the
                                                    and producers not individually                                                                                       Department intends to hold the hearing
                                                                                                                      Section 733(e)(2) of the Act provides
                                                    examined. This rate shall be an amount                                                                               at the U.S. Department of Commerce,
                                                                                                                   that, given an affirmative determination
                                                    equal to the weighted average of the                                                                                 1401 Constitution Avenue NW.,
                                                                                                                   of critical circumstances, any
                                                    estimated weighted-average dumping                                                                                   Washington, DC 20230, at a time and
                                                                                                                   suspension of liquidation shall apply to
                                                    margins established for exporters and                                                                                date to be determined. Parties should
                                                                                                                   unliquidated entries of subject
                                                    producers individually investigated,                                                                                 confirm by telephone the date, time, and
                                                                                                                   merchandise entered, or withdrawn
                                                    excluding any zero and de minimis                                                                                    location of the hearing two days before
                                                                                                                   from warehouse, for consumption on or
                                                    margins, and any margins determined                                                                                  the scheduled date.
                                                                                                                   after the later of (a) the date which is 90
                                                    entirely under section 776 of the Act.
                                                                                                                   days before the date on which the                     Final Determination
                                                      In this investigation, the Department
                                                                                                                   suspension of liquidation was first                      Section 735(a)(1) of the Act and 19
                                                    preliminarily assigned a rate based
                                                                                                                   ordered, or (b) the date on which notice              CFR 351.210(b)(1) provide that the
                                                    entirely on facts available to Longs
                                                                                                                   of initiation of the investigation was                Department will issue the final
                                                    Steel. Therefore, the only rate that is not
                                                                                                                   published. The Department                             determination within 75 days after the
                                                    zero, de minimis or based entirely on
                                                                                                                   preliminarily finds that critical                     date of its preliminary determination.
                                                    facts otherwise available is the rate
                                                                                                                   circumstances exist for imports of                    Accordingly, the Department will make
                                                    calculated for British Steel.
                                                                                                                   subject merchandise produced or                       its final determination no later than 75
                                                    Consequently, the rate calculated for
                                                                                                                   exported by British Steel, Longs Steel,               days after the signature date of this
                                                    British Steel is also assigned as the rate
                                                                                                                   and all other exporters. In accordance                preliminary determination.
                                                    for all-other producers and exporters.
                                                                                                                   with section 733(e)(2)(A) of the Act, the
                                                    Preliminary Determination                                      suspension of liquidation shall apply to              International Trade Commission
                                                      The Department preliminarily                                 unliquidated entries of shipments of                  Notification
                                                    determines that the following estimated                        subject merchandise from the                             In accordance with section 733(f) of
                                                    weighted-average dumping margins                               producer(s) or exporter(s) that were                  the Act, the Department will notify the
                                                    exist:                                                         entered, or withdrawn from warehouse,                 International Trade Commission (ITC) of
                                                                                                                   for consumption on or after the date                  its preliminary determination. If the
                                                                                                  Estimated        which is 90 days before the publication               final determination is affirmative, the
                                                                                                  weighted-        of this notice. These suspension of                   ITC will determine before the later of
                                                                                                   average         liquidation instructions will remain in
                                                            Exporter/producer                     dumping                                                                120 days after the date of this
                                                                                                   margin          effect until further notice.                          preliminary determination or 45 days
                                                                                                  (percent)        Disclosure                                            after the final determination whether
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                         these imports are materially injuring, or
                                                    British Steel Limited ..............                  41.96
                                                                                                 The Department intends to disclose                                      threaten material injury to, the U.S.
                                                    Longs Steel Longs Steel UK                its calculations and analysis performed                                    industry.
                                                       Limited ...............................
                                                                                       147.63 to interested parties in this preliminary
                                                    All-Others ..............................
                                                                                        41.96                                                                            Notification to Interested Parties
                                                                                              determination within five days of any
                                                                                              public announcement or, if there is no                                       This determination is issued and
                                                    Suspension of Liquidation                 public announcement, within five days                                      published in accordance with sections
                                                      In accordance with section 733(d)(2)    of the date of publication of this notice                                  733(f) and 777(i)(1) of the Act and 19
                                                    of the Act, the Department will direct    in accordance with 19 CFR 351.224(b).                                      CFR 351.205(c).


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                                                    50396                        Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices

                                                      Dated: October 24, 2017.                                   Adverse Inference                                Department amended the AD order with
                                                    Gary Taverman,                                            A. Application of Facts Available                   respect to brass sheet and strip from
                                                                                                              B. Use of Adverse Inference                         Italy.3 On August 12, 1988, the
                                                    Deputy Assistant Secretary for Antidumping
                                                                                                              C. Selection and Corroboration of the AFA
                                                    and Countervailing Duty Operations,
                                                                                                                 Rate
                                                                                                                                                                  Department issued an AD order on
                                                    performing the non-exclusive functions and                                                                    imports of brass sheet and strip from
                                                                                                            XII. Critical Circumstances
                                                    duties of the Assistant Secretary for                                                                         Japan.4
                                                                                                            XIII. Currency Conversion
                                                    Enforcement and Compliance.                             XIV. Conclusion                                          On March 3, 2017, the Department
                                                    Appendix I                                              [FR Doc. 2017–23651 Filed 10–30–17; 8:45 am]          published the notice of initiation of the
                                                                                                            BILLING CODE 3510–DS–P
                                                                                                                                                                  fourth sunset reviews of these AD orders
                                                    Scope of the Investigation                                                                                    on brass sheet and strip 5 from France,
                                                       The products covered by this investigation                                                                 Germany, Italy, and Japan pursuant to
                                                    are certain hot-rolled products of carbon.                                                                    section 751(c) of the Tariff Act of 1930,
                                                    Specifically excluded are steel products                DEPARTMENT OF COMMERCE
                                                                                                                                                                  as amended (the Act).
                                                    possessing the above-noted physical
                                                    characteristics and meeting the Harmonized              International Trade Administration                       The Department conducted these
                                                    Tariff Schedule of the United States (HTSUS)                                                                  sunset reviews on an expedited basis,
                                                                                                            [A–427–602; A–428–602; A–475–601; A–
                                                    definitions for (a) stainless steel; (b) tool           588–704]                                              pursuant to section 751(c)(3)(B) of the
                                                    steel; (c) high-nickel steel; (d) ball bearing                                                                Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
                                                    steel; or (e) concrete reinforcing bars and             Brass Sheet and Strip From France,                    because it received a complete and
                                                    rods. Also excluded are free cutting steel              Germany, Italy, and Japan:                            adequate response from the domestic
                                                    (also known as free machining steel)                    Continuation of Antidumping Duty                      interested pastries, but no substantive
                                                    products (i.e., products that contain by                                                                      responses from respondent interested
                                                    weight one or more of the following                     Orders
                                                    elements: 0.1 percent of more of lead, 0.05
                                                                                                                                                                  parties. As a result of these expedited
                                                                                                            AGENCY:   Enforcement and Compliance,                 sunset reviews, the Department
                                                    percent or more of bismuth, 0.08 percent or             International Trade Administration,
                                                    more of sulfur, more than 0.04 percent of                                                                     determined that revocation of the AD
                                                                                                            Department of Commerce.                               orders on brass sheet and strip from
                                                    phosphorous, more than 0.05 percent of
                                                    selenium, or more than 0.01 percent of                  SUMMARY: As a result of the                           France, Germany, Italy, and Japan
                                                    tellurium). All products meeting the physical           determination by the Department of                    would likely lead to continuation or
                                                    description of subject merchandise that are             Commerce (the Department) and the                     recurrence of dumping and, therefore,
                                                    not specifically excluded are included in this          International Trade Commission (ITC)                  notified the ITC of the magnitude of the
                                                    scope.                                                  that revocation of the antidumping duty
                                                       The products under investigation are
                                                                                                                                                                  margins likely to prevail should the
                                                                                                            (AD) orders on brass sheet and strip                  orders be revoked.6
                                                    currently classifiable under subheadings
                                                                                                            from France, Germany, Italy, and Japan                   On October 19, 2017, pursuant to
                                                    7213.91.3011, 7213.91.3015, 7213.91.3020,
                                                    7213.91.3093, 7213.91.4500, 7213.91.6000,               would likely lead to a continuation or                sections 751(c) and 752(a) of the Act,
                                                    7213.99.0030, 7227.20.0030, 7227.20.0080,               recurrence of dumping and material                    the ITC published a notice of its
                                                    7227.90.6010, 7227.90.6020, 7227.90.6030,               injury to an industry in the United                   determination that revocation of the AD
                                                    and 7227.90.6035 of the HTSUS. Products                 States, the Deparment is publishing a                 orders on brass sheet and strip from
                                                    entered under subheadings 7213.99.0090 and              notice of continuation of the AD orders.              France, Germany, Italy, and Japan
                                                    7227.90.6090 of the HTSUS may also be                   DATES: Applicable October 31, 2017.                   would likely lead to continuation or
                                                    included in this scope if they meet the
                                                    physical description of subject merchandise             FOR FURTHER INFORMATION CONTACT:                      recurrence of material injury to an
                                                    above. Although the HTSUS subheadings are               Aimee Phelan, AD/CVD Operations,                      industry in the United States within a
                                                    provided for convenience and customs                    Office I, Enforcement and Compliance,                 reasonably foreseeable time.7
                                                    purposes, the written description of the                International Trade Administration,
                                                    scope of these proceedings is dispositive.
                                                                                                                                                                  Scope of the Orders
                                                                                                            U.S. Department of Commerce, 1401
                                                                                                            Constitution Avenue NW., Washington,                     The product covered by the orders is
                                                    Appendix II                                                                                                   brass sheet and strip, other than leaded
                                                                                                            DC 20230; telephone: (202) 482–0697.
                                                    List of Topics Discussed in the Preliminary             SUPPLEMENTARY INFORMATION:                            and tinned brass sheet and strip, from
                                                    Decision Memorandum                                                                                           France, Germany, Italy, and Japan. The
                                                    I. Summary                                              Background                                            chemical composition of the covered
                                                    II. Background                                            On March 6, 1987, the Department                    product is currently defined in the
                                                    III. Period of Investigation                            published in the Federal Register the                 Copper Development Association
                                                    IV. Scope Comments                                      AD orders on brass sheet and strip from               (‘‘C.D.A.’’) 200 Series or the Unified
                                                    V. Successor-In-Interest
                                                    VI. Discussion of the Methodology
                                                                                                            France, Germany, and Italy.1 On
                                                                                                                                                                     3 See Amendment to Final Determination of Sales
                                                       A. Determination of Comparison Method                September 23, 1988, the Department
                                                                                                                                                                  at Less Than Fair Value and Amendment of
                                                       B. Results of the Differential Pricing               amended the AD order with respect to                  Antidumping Duty Order in Accordance with
                                                          Analysis                                          brass sheet and strip from Germany.2                  Decision Upon Remand: Brass Sheet and Strip from
                                                    VII. Date of Sale                                       Similarly, on May 21, 1991, the                       Italy, 56 FR 23272 (May 21, 1991).
                                                    VIII. Product Comparisons                                                                                        4 See Antidumping Duty Order: Brass Sheet and

                                                    IX. Export Price                                          1 See Antidumping Duty Order: Brass Sheet and       Strip from Japan, 53 FR 30454 (August 12, 1988).
                                                    X. Normal Value                                         Strip from France, 52 FR 6995 (March 6, 1987);           5 See Initiation of Five-Year (‘‘Sunset’’) Reviews,

                                                       A. Home Market Viability                             Antidumping Duty Order: Brass Sheet and Strip         82 FR 12438 (March 3, 2017) (Initiation).
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       B. Level of Trade                                    from Italy, 52 FR 6997 (March 6, 1987); See              6 See Brass Sheet and Strip from France,

                                                       C. Cost of Production (COP) Analysis                 Antidumping Duty Order; Brass Sheet and Strip         Germany, Italy, and Japan: Final Results of the
                                                       1. Calculation of COP                                from the Federal Republic of Germany, 52 FR 35750     Expedited Fourth Sunset Review of the
                                                                                                            (March 6, 1987).                                      Antidumping Duty Orders, 82 FR 31046 (July 5,
                                                       2. Test of Comparison Market Sales Prices              2 See Antidumping Duty Order; Brass Sheet and       2017).
                                                       3. Results of the COP Test
                                                                                                            Strip from the Federal Republic of Germany, 52 FR        7 See Brass Sheet and Strip from France,
                                                       D. Calculation of NV Based on Comparison             35750 (March 6, 1987), amended at Final               Germany, Italy, and Japan; Determinations, 82 FR
                                                          Market Prices                                     Determination of Sales at Less Than Fair Value and    48724 (October 19, 2017) and ITC Publication titled
                                                       E. Calculation of NV Based on Constructed            Amendment to Antidumping Duty Order: Brass            Brass Sheet and Strip from France, Germany, Italy,
                                                          Value                                             Sheet and Strip from the Federal Republic of          and Japan: Investigtion Nos. 731–TA–313–314, 317
                                                    XI. Application of Facts Available and Use of           Germany, 52 FR 35750 (September 23, 1987).            and 379 (Fourth Review) (October 2017).



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Document Created: 2018-10-25 10:18:24
Document Modified: 2018-10-25 10:18:24
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.
ContactAlice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4682.
FR Citation82 FR 50394 

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