82 FR 57726 - Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 234 (December 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 234 (December 7, 2017)
| Page Range | 57726-57727 | |
| FR Document | 2017-26401 |
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)] [Notices] [Pages 57726-57727] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26401] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-816] Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On October 31, 2017, the Department of Commerce (Department) published in the Federal Register the preliminary determination of the less-than-fair-value investigation of carbon and alloy steel wire rod (wire rod) from Spain. The Department is amending its preliminary determination to correct a significant ministerial error. DATES: Applicable December 7, 2017. FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1979. SUPPLEMENTARY INFORMATION: Background On October 31, 2017, the Department published in the Federal Register the Preliminary Determination \1\ of the less-than-fair-value investigation of wire rod from Spain. On November 6, 2017, Global Steel Wire S.A., CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n (collectively, CELSA) alleged that the Department made a significant ministerial error in the Preliminary Determination.\2\ --------------------------------------------------------------------------- \1\ See Carbon and Alloy Steel Wire Rod from the Republic of Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Determination of Critical Circumstances, In Part, 82 FR 50390 (October 31, 2017) (Preliminary Determination). \2\ See CELSA's November 6, 2017 letter, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod from Spain: Significant Ministerial Errors Contained in the Preliminary Determination'' (Ministerial Error Allegation). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is wire rod from Spain. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in the Appendix to this notice. Significant Ministerial Error A ministerial error is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' A significant ministerial error is defined in 19 CFR 351.224(g) as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted- average dumping margin of greater than de minimis or vice versa. Further, 19 CFR 351.224(e) provides that the Department ``will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.'' Ministerial Error Allegation CELSA alleges that the Department double-counted the international freight expenses in the calculation of U.S. net prices, increasing the amount deducted for international movement costs, and increasing the dumping margin. CELSA maintains that correcting this error results in a decrease of more than five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin, thereby meeting the definition of ``significant'' pursuant to 19 CFR 351.224(g)(1).\3\ Additionally, CELSA alleges that the Department has misclassified direct selling expenses in the United States as indirect selling expenses incurred in Spain. --------------------------------------------------------------------------- \3\ See Ministerial Error Allegation. --------------------------------------------------------------------------- We find that the Department unintentionally included international freight expenses twice when adjusting U.S. price for movement expense in the margin calculation program.\4\ The Department also unintentionally entered a variable used to capture indirect selling expenses in Spain in the program calculation for direct selling expenses in the United States.\5\ These errors constitute ministerial errors [[Page 57727]] within the meaning of 19 CFR 351.224(f).\6\ Moreover, correcting these ministerial error changes the margin from 20.25 percent to 10.61 percent, thereby making these errors significant ministerial errors within the meaning of 19 CFR 351.224(g)(1).\7\ --------------------------------------------------------------------------- \4\ See Department Memorandum: ``Preliminary Determination Calculation for Global Steel Wire Rod, CELSA Atlantic S.A., and Compania Espanola de Laminacion in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Wire Rod from Spain,'' dated October 24, 2017, at 8. \5\ Id. \6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial Error in the Preliminary Determination,'' dated concurrently with this memorandum (Ministerial Error Analysis Memorandum). \7\ See DOC Memorandum: ``Amended Preliminary Determination Calculation for CELSA,'' dated concurrently with this memorandum (Amended Calculation Memo). --------------------------------------------------------------------------- Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of ministerial errors made in the margin calculation for CELSA. In addition, because the ``All-Others'' rate in the Preliminary Determination was based on the estimated weighted-average dumping margin calculated for CELSA,\8\ we are, consistent with section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), also amending the ``All-Others'' rate. As a result of the correction of the ministerial error, the revised weighted-average dumping margins are as follows: --------------------------------------------------------------------------- \8\ See Preliminary Determination, 82 FR at 50390. ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ Global Steel Wire S.A./CELSA Atlantic S.A./ 10.61 Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n... All[dash]Others......................................... 10.61 ------------------------------------------------------------------------ Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 733(d) and (f) of the Act and 19 CFR 351.224. Because the rates are decreasing from the Preliminary Determination, the amended cash deposit rates will be effective retroactively to October 31, 2107, the date of publication of the Preliminary Determination notice in the Federal Register. International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e). Dated: December 1, 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--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. [FR Doc. 2017-26401 Filed 12-6-17; 8:45 am] BILLING CODE 3510-DS-P
![57726 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
this review. We intend to issue VIII. Recommendation Significant Ministerial Error
instructions to CBP 15 days after [FR Doc. 2017–26381 Filed 12–6–17; 8:45 am] A ministerial error is defined in 19
publication of the final results of this BILLING CODE 3510–DS–P CFR 351.224(f) as ‘‘an error in addition,
review. For Dalian Penghong for which subtraction, or other arithmetic
this review is rescinded, the Department function, clerical error resulting from
will instruct CBP to assess DEPARTMENT OF COMMERCE inaccurate copying, duplication, or the
countervailing duties on all appropriate like, and any other similar type of
entries at a rate equal to the cash deposit International Trade Administration unintentional error which the Secretary
of estimated countervailing duties [A–469–816] considers ministerial.’’ A significant
required at the time of entry, or ministerial error is defined in 19 CFR
withdrawal from warehouse, for Carbon and Alloy Steel Wire Rod From 351.224(g) as a ministerial error, the
consumption, during the period January Spain: Amended Preliminary correction of which, singly or in
1, 2015, through December 31, 2015, in Determination of Sales at Less Than combination with other errors, would
accordance with 19 CFR 351.212(c)(l)(i). Fair Value result in: (1) A change of at least five
The Department intends to issue absolute percentage points in, but not
appropriate assessment instructions AGENCY: Enforcement and Compliance, less than 25 percent of, the weighted-
directly to CBP 15 days after publication International Trade Administration, average dumping margin calculated in
of this notice. Department of Commerce the original (erroneous) preliminary
SUMMARY: On October 31, 2017, the
Cash Deposit Requirements determination; or (2) a difference
Department of Commerce (Department) between a weighted-average dumping
In accordance with section 751(a)(1) published in the Federal Register the margin of zero or de minimis and a
of the Act, the Department intends to preliminary determination of the less- weighted-average dumping margin of
instruct CBP to collect cash deposits of than-fair-value investigation of carbon greater than de minimis or vice versa.
estimated countervailing duties in the and alloy steel wire rod (wire rod) from Further, 19 CFR 351.224(e) provides
amounts shown for each of the Spain. The Department is amending its that the Department ‘‘will analyze any
respective companies listed above. For preliminary determination to correct a comments received and, if appropriate,
all non-reviewed firms, we will instruct significant ministerial error. correct any significant ministerial error
CBP to continue to collect cash deposits DATES: Applicable December 7, 2017. by amending the preliminary
at the most recent company-specific or FOR FURTHER INFORMATION CONTACT: determination.’’
all-others rate applicable to the Chelsey Simonovich, AD/CVD
company. These cash deposit Ministerial Error Allegation
Operations, Office VI, Enforcement and
requirements, when imposed, shall Compliance, International Trade CELSA alleges that the Department
remain in effect until further notice. Administration, U.S. Department of double-counted the international freight
This administrative review and notice Commerce, 1401 Constitution Avenue expenses in the calculation of U.S. net
are in accordance with sections NW., Washington, DC 20230; telephone: prices, increasing the amount deducted
751(a)(1) and 777(i) of the Act and 19 (202) 482–1979. for international movement costs, and
CFR 351.213. increasing the dumping margin. CELSA
SUPPLEMENTARY INFORMATION:
Dated: December 1, 2017. maintains that correcting this error
Gary Taverman, Background results in a decrease of more than five
Deputy Assistant Secretary for Antidumping absolute percentage points in, but not
On October 31, 2017, the Department
and Countervailing Duty Operations, less than 25 percent of, the weighted-
published in the Federal Register the
performing the non-exclusive functions and average dumping margin, thereby
Preliminary Determination 1 of the less-
duties of the Assistant Secretary for meeting the definition of ‘‘significant’’
than-fair-value investigation of wire rod
Enforcement and Compliance. pursuant to 19 CFR 351.224(g)(1).3
from Spain. On November 6, 2017,
Additionally, CELSA alleges that the
Appendix Global Steel Wire S.A., CELSA Atlantic
Department has misclassified direct
List of Topics Discussed in the Preliminary S.A., and Companı́a Española de
selling expenses in the United States as
Decision Memorandum Laminación (collectively, CELSA)
indirect selling expenses incurred in
alleged that the Department made a
I. Summary Spain.
II. Background significant ministerial error in the We find that the Department
A. Case History Preliminary Determination.2 unintentionally included international
B. Postponement of Preliminary Results freight expenses twice when adjusting
Scope of the Investigation
C. Period of Review
U.S. price for movement expense in the
D. Rescission of Review, In Part The product covered by this
E. Intent to Rescind, in Part, the margin calculation program.4 The
investigation is wire rod from Spain. For
Administrative Review Department also unintentionally entered
a full description of the scope of this
III. Scope of the Order a variable used to capture indirect
investigation, see the ‘‘Scope of the
IV. Use of Facts Otherwise Available and selling expenses in Spain in the
Application of Adverse Inferences Investigation,’’ in the Appendix to this
program calculation for direct selling
V. Subsidies Valuation notice.
expenses in the United States.5 These
A. Allocation Period errors constitute ministerial errors
1 See Carbon and Alloy Steel Wire Rod from the
B. Attribution of Subsidies
C. Denominators Republic of Spain: Preliminary Affirmative
sradovich on DSK3GMQ082PROD with NOTICES
3 See Ministerial Error Allegation.
D. Discount Rates Determination of Sales at Less Than Fair Value,
and Preliminary Determination of Critical 4 See Department Memorandum: ‘‘Preliminary
VI. Analysis of Programs
Circumstances, In Part, 82 FR 50390 (October 31, Determination Calculation for Global Steel Wire
A. Programs Preliminarily Determined to 2017) (Preliminary Determination). Rod, CELSA Atlantic S.A., and Compania Espanola
Be Countervailable 2 See CELSA’s November 6, 2017 letter, de Laminacion in the Antidumping Duty
B. Programs Preliminarily Determined to ‘‘Antidumping Duty Investigation of Carbon and Investigation of Certain Carbon and Alloy Steel
Be Not Used Alloy Steel Wire Rod from Spain: Significant Wire Rod from Spain,’’ dated October 24, 2017, at
VII. Preliminary Ad Valorem Rate for Non- Ministerial Errors Contained in the Preliminary 8.
Selected Companies Under Review Determination’’ (Ministerial Error Allegation). 5 Id.
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![Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices 57727
within the meaning of 19 CFR Disclosure DEPARTMENT OF COMMERCE
351.224(f).6 Moreover, correcting these
ministerial error changes the margin We intend to disclose the calculations International Trade Administration
from 20.25 percent to 10.61 percent, performed to parties in this proceeding
thereby making these errors significant within five days after public [C–533–880]
ministerial errors within the meaning of announcement of the amended
19 CFR 351.224(g)(1).7 preliminary determination, in Polytetrafluoroethylene Resin From
accordance with 19 CFR 351.224. India: Postponement of Preliminary
Amended Preliminary Determination Determination in the Countervailing
This amended preliminary
We are amending the Preliminary Duty Investigation
determination is issued and published
Determination to reflect the correction in accordance with sections 733(f) and AGENCY: Enforcement and Compliance,
of ministerial errors made in the margin
777(i) of the Act and 19 CFR 351.224(e). International Trade Administration,
calculation for CELSA. In addition,
Dated: December 1, 2017. Department of Commerce.
because the ‘‘All-Others’’ rate in the
Preliminary Determination was based Gary Taverman, DATES: Applicable December 7, 2017.
on the estimated weighted-average Deputy Assistant Secretary for Antidumping FOR FURTHER INFORMATION CONTACT:
dumping margin calculated for CELSA,8 and Countervailing Duty Operations, Toby Vandall at (202) 482–1664, or
we are, consistent with section performing the non-exclusive functions and Aimee Phelan at (202) 482–0697, AD/
735(c)(5)(A) of the Tariff Act of 1930, as duties of the Assistant Secretary for CVD Operations, Office I, Enforcement
amended (the Act), also amending the Enforcement and Compliance. and Compliance, International Trade
‘‘All-Others’’ rate. As a result of the Administration, U.S. Department of
Appendix—Scope of the Investigation Commerce, 1401 Constitution Avenue
correction of the ministerial error, the
revised weighted-average dumping The products covered by this investigation NW., Washington, DC 20230.
margins are as follows: are certain hot-rolled products of carbon steel SUPPLEMENTARY INFORMATION:
and alloy steel, in coils, of approximately
Weighted- round cross section, less than 19.00 mm in Background
average actual solid cross-sectional diameter. On October 18, 2017, the Department
Exporter/manufacturer dumping
margin Specifically excluded are steel products of Commerce (the Department) initiated
(percent) possessing the above-noted physical a countervailing duty (CVD)
characteristics and meeting the Harmonized investigation of imports of
Global Steel Wire S.A./ Tariff Schedule of the United States (HTSUS) polytetrafluoroethylene resin (PTFE
CELSA Atlantic S.A./ definitions for (a) stainless steel; (b) tool resin) from India.1 Currently, the
Companı́a Española de steel; (c) high-nickel steel; (d) ball bearing preliminary determination is due no
Laminación ........................ 10.61 steel; or (e) concrete reinforcing bars and
All-Others .............................. 10.61
later than December 22, 2017.
rods. Also excluded are free cutting steel
(also known as free machining steel) Postponement of Preliminary
Amended Cash Deposits and products (i.e., products that contain by Determination
Suspension of Liquidation weight one or more of the following Section 703(b)(1) of the Tariff Act of
The collection of cash deposits and elements: 0.1 percent or more of lead, 0.05 1930, as amended (the Act), requires the
suspension of liquidation will be percent or more of bismuth, 0.08 percent or Department to issue the preliminary
revised according to the rates more of sulfur, more than 0.04 percent of determination in a countervailing duty
established in this amended preliminary phosphorous, more than 0.05 percent of investigation within 65 days after the
determination, in accordance with selenium, or more than 0.01 percent of date on which the Department initiated
section 733(d) and (f) of the Act and 19 tellurium). All products meeting the physical the investigation. However, section
CFR 351.224. Because the rates are description of subject merchandise that are 703(c)(1) of the Act permits the
decreasing from the Preliminary not specifically excluded are included in this Department to postpone the preliminary
Determination, the amended cash scope. determination until no later than 130
deposit rates will be effective The products under investigation are days after the date on which the
retroactively to October 31, 2107, the currently classifiable under subheadings Department initiated the investigation
date of publication of the Preliminary 7213.91.3011, 7213.91.3015, 7213.91.3020,
if: (A) The petitioner 2 makes a timely
7213.91.3093; 7213.91.4500, 7213.91.6000,
Determination notice in the Federal request for a postponement; or (B) the
7213.99.0030, 7227.20.0030, 7227.20.0080,
Register. Department concludes that the parties
7227.90.6010, 7227.90.6020, 7227.90.6030,
concerned are cooperating, that the
International Trade Commission and 7227.90.6035 of the HTSUS. Products
investigation is extraordinarily
Notification entered under subheadings 7213.99.0090 and
complicated, and that additional time is
7227.90.6090 of the HTSUS also may be
In accordance with section 733(f) of necessary to make a preliminary
included in this scope if they meet the
the Act, we notified the International determination. Under 19 CFR
physical description of subject merchandise
Trade Commission of our amended 351.205(e), the petitioner must submit a
above. Although the HTSUS subheadings are
preliminary determination. request for postponement 25 days or
provided for convenience and customs
purposes, the written description of the more before the scheduled date of the
6 See DOC Memorandum: ‘‘Allegation and
scope of this proceeding is dispositive. preliminary determination and must
sradovich on DSK3GMQ082PROD with NOTICES
Analysis of Ministerial Error in the Preliminary state the reasons for the request. The
Determination,’’ dated concurrently with this [FR Doc. 2017–26401 Filed 12–6–17; 8:45 am]
memorandum (Ministerial Error Analysis
Department will grant the request unless
BILLING CODE 3510–DS–P
Memorandum).
7 See DOC Memorandum: ‘‘Amended Preliminary 1 See Polytetrafluoroethylene Resin from India:
Determination Calculation for CELSA,’’ dated Initiation of Countervailing Duty Investigation, 82
concurrently with this memorandum (Amended FR 49592 (October 26, 2017) (Initiation Notice).
Calculation Memo). 2 The petitioner is The Chemours Company FC
8 See Preliminary Determination, 82 FR at 50390. LLC.
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Document Created: 2017-12-07 00:35:05
Document Modified: 2017-12-07 00:35:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 7, 2017. | |
| Contact | Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1979. | |
| FR Citation | 82 FR 57726 |
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