83 FR 11175 - Carbon and Alloy Steel Wire Rod From the Republic of South Africa and Ukraine: Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 50 (March 14, 2018)

Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing antidumping duty orders on carbon and alloy steel wire rod (wire rod) from the Republic of South Africa (South Africa) and Ukraine.

[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11175-11177]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05153]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-823, A-823-816]


Carbon and Alloy Steel Wire Rod From the Republic of South Africa 
and Ukraine: Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (the ITC), 
Commerce is issuing antidumping duty orders on carbon and alloy steel 
wire rod (wire rod) from the Republic of South Africa (South Africa) 
and Ukraine.

DATES: Applicable March 14, 2018.

FOR FURTHER INFORMATION CONTACT: Moses Song at (202) 482-5041 or John 
McGowan (202) 482-3019 (South Africa), Julia Hancock at (202) 482-1394, 
Annathea Cook at (202) 482-0250, or Courtney Canales at (202) 482-4997 
(Ukraine), AD/CVD Operations, Office V & VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 16, 
2018, Commerce published its affirmative final determinations in the 
less-than-fair-value (LTFV) investigations of wire rod from South 
Africa and Ukraine.\1\ On March 1, 2018, the ITC notified Commerce of 
its final affirmative determination that an industry in the United 
States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of wire rod 
from South Africa and Ukraine, and its determination that critical 
circumstances do not exist with respect to imports of wire rod from 
South Africa subject to Commerce's affirmative critical circumstances 
determination.\2\ The ITC published its final determination on March 7, 
2018.\3\
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    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
South Africa: Affirmative Final Determination of Sales at Less Than 
Fair Value and Affirmative Finding of Critical Circumstances, 83 FR 
2141 (January 16, 2018) (South Africa Final Determination); Carbon 
and Alloy Steel Wire Rod from Ukraine: Affirmative Final 
Determination of Sales at Less Than Fair Value, 83 FR 2135 (January 
16, 2018) (Ukraine Final Determination).
    \2\ See Letter from the ITC to the Hon. Gary Taverman, dated 
March 1, 2018 (ITC Notification Letter).
    \3\ See Carbon and Certain Alloy Steel Wire Rod from South 
Africa and Ukraine; Determinations, 83 FR 9749 (March 7, 2018).
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Scope of the Orders

    The merchandise covered by these orders is wire rod from South 
Africa and Ukraine. For a complete description of the scope of these 
orders, see the Appendix to this notice.

Antidumping Duty Orders

    On March 1, 2018, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reasons of 
imports of wire rod from South Africa and Ukraine.\4\ The ITC also 
notified Commerce of its determination that critical circumstances do 
not exist with respect to imports of wire rod from South Africa subject 
to Commerce's critical circumstances finding.\5\ Therefore, in 
accordance with section 735(c)(2) of the Act, we are issuing these AD 
orders. Because the ITC determined that imports of wire rod from South 
Africa and Ukraine are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from South Africa and Ukraine, 
entered or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \4\ See ITC Notification Letter.
    \5\ Id.
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    As a result of the ITC's final affirmative determinations, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of wire rod 
from South Africa and Ukraine. Antidumping duties will be assessed on 
unliquidated entries of wire rod from South Africa and Ukraine entered, 
or withdrawn from warehouse, for consumption on or after October 31, 
2017, the date of publication of the preliminary determinations,\6\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication in the Federal 
Register of the ITC's final injury determination, as further described 
below.
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    \6\ See Carbon and Alloy Steel Wire Rod from the Republic of 
South Africa: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, and preliminary Determination of No Shipments, 82 FR 
50383 (October 31, 2017) (South Africa Preliminary Determination); 
Carbon and Alloy Steel Wire Rod from Ukraine: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 82 FR 50375 (October 31, 2017) 
(Ukraine Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct

[[Page 11176]]

CBP to reinstitute suspension of liquidation on all relevant entries of 
wire rod from South Africa and Ukraine. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits for 
estimated antidumping duties equal to the estimated weighted-average 
dumping margins indicated below. Accordingly, effective the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register, CBP will require, at the same time as importers would 
normally deposit estimated duties on this subject merchandise, a cash 
deposit equal to the estimated weighted-average dumping margins listed 
below.\7\ The relevant ``all-others'' rates apply to all producers or 
exporters not specifically listed, as appropriate.
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    \7\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant proportion of exports of the 
subject merchandise. In reference to these proceedings, a request to 
extend the final determination and extend provisional measures pursuant 
to 19 CFR 351.210(e) was received from exporters of wire rod from South 
Africa and the Ukraine. Commerce's preliminary determinations were 
published on October 31, 2017.\8\ Commerce's final determinations were 
not extended, and were published on January 16, 2018. As such, the 
four-month period ended on February 27, 2018. Pursuant to section 
737(b) of the Act, the collection of cash deposits at the rates listed 
below will begin on the date of publication of the ITC's final injury 
determination.
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    \8\ See Preliminary Determinations.
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    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of wire rod from South Africa and Ukraine entered, or withdrawn from 
warehouse, for consumption after February 27, 2018, the date on which 
provisional measures expired, through the day preceding the date of 
publication of the ITC's final determination in the Federal Register. 
Suspension of liquidation will resume on the date of publication of the 
ITC's final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination regarding imports of wire rod from South Africa, Commerce 
will instruct CBP to lift suspension and refund any cash deposits made 
to secure payment of estimated antidumping duties on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after August 2, 2017, (i.e., 90 days prior to the date of publication 
of the preliminary determinations), but before October 31, 2017, (i.e., 
the date of publication of the preliminary determinations).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for each antidumping 
order are as follows:
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    \9\ Commerce has determined that ArcelorMittal South Africa 
Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals 
Group), and Consolidated Wire Industries are a single entity. See 
Memorandum, ``Less-Than-Fair-Value Investigation of Carbon and Alloy 
Steel Wire Rod from the Republic of South Africa: Affiliation and 
Collapsing Memorandum for ArcelorMittal South Africa Limited, Scaw 
South Africa (Pty) Ltd. and Consolidated Wire Industries,'' dated 
October 24, 2017, unchanged in South Africa Final Determination.
    \10\ See South Africa Final Determination, 83 FR at 2141.
    \11\ Id.

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                                                   Estimated weighted-
               Exporter/producer                  average dumping margin
                                                        (percent)
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South Africa:
    ArcelorMittal South Africa Limited, Scaw                 \10\ 142.26
     South Africa (Pty) Ltd. (also known as
     Scaw Metals Group), and Consolidated Wire
     Industries \9\............................
    All-Others.................................              \11\ 135.46
Ukraine:
    ArcelorMittal Steel Kryvyi Rih.............               \12\ 44.03
    Public Joint Stock Company Yenakiieve Iron                \13\ 44.03
     And Steel Works...........................
    All-Others.................................               \14\ 34.98
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
wire rod from South Africa and Ukraine pursuant to section 736(a) of 
the Act. Interested parties can find a list of AD orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).
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    \12\ See Ukraine Final Determination, 83 FR 2135.
    \13\ Id.
    \14\ Id.

    Dated: March 8. 2018.
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 Orders

    The scope of these orders covers certain hot-rolled products of 
carbon steel and alloy steel, in coils, of approximately round cross 
section, less than 19.00 mm in actual solid cross-sectional 
diameter. Specifically excluded are steel products possessing the 
above-noted physical characteristics and meeting the Harmonized 
Tariff Schedule of the United States (HTSUS) definitions for (a) 
stainless steel; (b) tool steel; (c) high-nickel steel; (d) ball 
bearing steel; or (e) concrete reinforcing bars and rods. Also 
excluded are free cutting steel (also known as free machining steel) 
products (i.e., products that contain by weight one or more of the 
following elements: 0.1 percent of more of lead, 0.05 percent or 
more of bismuth, 0.08 percent or more of sulfur, more than 0.04 
percent of phosphorous, more than 0.05 percent of selenium, or more 
than 0.01 percent of tellurium). All products meeting the physical 
description of subject

[[Page 11177]]

merchandise that are not specifically excluded are included in this 
scope.
    The products under these orders 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.

[FR Doc. 2018-05153 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-DS-P