83_FR_13288 83 FR 13228 - Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

83 FR 13228 - Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13228-13230
FR Document2018-06143

The Department of Commerce (Commerce) determines that imports of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. The period of investigation (POI) is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13228-13230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06143]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of carbon and alloy steel wire rod (wire rod) from the Republic of 
Korea (Korea) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV). In addition, we determine that critical 
circumstances do not exist with respect to imports of the subject 
merchandise. The period of investigation (POI) is January 1, 2016, 
through December 31, 2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination of sales of wire 
rod from Korea at LTFV in the Federal Register on October 31, 2017.\1\ 
On November 7, 2017, Commerce postponed the final determination of this 
investigation.\2\ On November 28, 2017, Commerce amended the 
Preliminary Determination.\3\ Commerce exercised its discretion to toll 
deadlines affected by the closure of the Federal Government from 
January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's

[[Page 13229]]

practice, the deadline will become the next business day. The revised 
deadline for the final determination of this investigation is now March 
19, 2018.\4\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, and Preliminary Negative Determination of Critical 
Circumstances, 82 FR 50386 (October 31, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, Turkey, and the United Kingdom: Postponement of 
Final Determinations of Less-Than-Fair-Value Investigation and 
Extension of Provisional Measures, 82 FR 51613 (November 7, 2017).
    \3\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Amended Preliminary Determination of Sales at Less Than Fair 
Value, 82 FR 56220 (November 28, 2017).
    \4\ See January 23, 2018 Memorandum re: Deadlines Affected by 
the Shutdown of the Federal Government (Tolling Memorandum). All 
deadlines in this segment of the proceeding have been extended by 3 
days.
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    A summary of the events that occurred since the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the accompanying 
Issues and Decision Memorandum, which is adopted by this notice.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum re: Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Carbon and Alloy Steel Wire Rod from the Republic 
of Korea, dated concurrently with this determination and hereby 
adopted by this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is wire rod from Korea. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
to address these comments.\6\ Since the Preliminary Determination, 
POSCO, British Steel, and the petitioners filed scope case and rebuttal 
briefs.\7\ On November 20, 2017, we issued the Final Scope Memorandum 
in which we did not change the scope of this investigation.\8\
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    \6\ See August 7, 2017 Memorandum re: Carbon and Alloy Steel 
Wire Rod from Belarus, Italy, the Republic of Korea, the Russian 
Federation, South Africa, Spain, the Republic of Turkey, Ukraine, 
the United Arab Emirates, and the United Kingdom: Scope Comments 
Decision Memorandum for the Preliminary Determinations (Preliminary 
Scope Memorandum).
    \7\ The petitioners are Gerdau Ameristeel US Inc., Nucor 
Corporation, Keystone Consolidated Industries, Inc., and Charter 
Steel (collectively, the petitioners). See POSCO's September 6, 2017 
Letter re: Scope Issues Case Brief, British Steel's September 6, 
2017 Letter re: Scope Case Brief, and the petitioners' September 13, 
2017 Letter re: Rebuttal Brief in Response to the Scope Case Briefs 
of British Steel and POSCO.
    \8\ For discussion of these comments, see November 20, 2017 
Memorandum re: 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: Final Scope Memorandum (Final Scope Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of these issues is attached to this notice at Appendix II. The 
Issues and 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 http://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 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues 
and Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in November 2017, we verified the sales and cost information 
reported by POSCO for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by POSCO.\9\
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    \9\ For discussion of our verification findings, see January 12, 
2018 Memorandums, ``Verification of the Cost Response of POSCO in 
the Antidumping Duty Investigation of Carbon and Alloy Steel Wire 
Rod from Korea,'' ``Verification of the Sales Response of POSCO in 
the Antidumping Duty Investigation of Carbon and Alloy Steel Wire 
Rod from Korea'' and ``Verification of the CEP Sales Response of 
POSCO in the Antidumping Duty Investigation of Carbon and Alloy 
Steel Wire Rod from Korea.''
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Changes Since the Preliminary Determination

    Based on our analysis of comments received and our findings at 
verification, we made certain changes to the margin calculation for 
POSCO. For a discussion of these changes, see the ``Margin 
Calculation'' section of the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
shall be equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually investigated excluding rates that are zero, de minimis 
margins or determined entirely under section 776 of the Act. POSCO is 
the only respondent for which Commerce calculated an estimated 
weighted-average dumping margin that is not zero, de minimis, or based 
entirely on facts otherwise available. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the estimated weighted-average 
dumping margin calculated for POSCO, as referenced in the ``Final 
Determination'' section below. This rate is 41.10 percent.

Final Negative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce preliminarily found 
that critical circumstances do not exist with respect to imports of 
wire rod from POSCO and ``all other'' producers and exporters of 
subject merchandise.\10\ In this final determination, Commerce 
continues to find that, in accordance with 735(a)(3) of the Act, 
critical circumstances do not exist for POSCO and ``all other'' 
producers and exporters in this investigation. A discussion of the 
determination can be found in the ``Critical Circumstances'' section of 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination at 50387.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
POSCO...................................................           41.10
All-Others..............................................           41.10
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to suspend liquidation of all entries of wire rod from Korea, as 
described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after October 31, 2017, 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Furthermore, Commerce will instruct CBP to require a cash deposit 
for such entries of merchandise. Pursuant to section 735(c)(1)(B)(ii) 
of the Act, CBP shall require a cash deposit equal to the weighted-
average amount by which

[[Page 13230]]

normal value exceeds U.S. price, as follows: (1) For POSCO, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin which Commerce determined in this final determination; (2) if 
the exporter is not a firm identified in this investigation but the 
producer is, then the cash deposit rate will be equal to the estimated 
weighted-average dumping margin established for the producer of the 
subject merchandise; (3) the cash deposit rate for all other producers 
or exporters will be 41.10 percent, as discussed in the ``All-Others 
Rate'' section, above.
    The instructions suspending liquidation will remain in effect until 
further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination of 
sales at LTFV and final negative determination of critical 
circumstances for Korea. Because Commerce's final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of wire rod from Korea no later 
than 45 days after this final determination, in accordance with section 
735(b)(2) of the Act. If the ITC determines that such injury does not 
exist, the proceeding will be terminated and all cash deposits posted 
will be refunded or cancelled. If the ITC determines that such injury 
exists, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: March 19, 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 I

Scope of the Investigation

    The products covered by this investigation are certain hot-
rolled products of carbon steel and alloy steel, in coils, of 
approximately round cross section, less than 19.00 mm in actual 
solid cross-sectional diameter. Specifically excluded are steel 
products possessing the above-noted physical characteristics and 
meeting the Harmonized Tariff Schedule of the United States (HTSUS) 
definitions for (a) stainless steel; (b) tool steel; (c) high-nickel 
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and 
rods. Also excluded are free cutting steel (also known as free 
machining steel) products (i.e., products that contain by weight one 
or more of the following elements: 0.1 percent or more of lead, 0.05 
percent or more of bismuth, 0.08 percent or more of sulfur, more 
than 0.04 percent of phosphorous, more than 0.05 percent of 
selenium, or more than 0.01 percent of tellurium). All products 
meeting the physical description of subject merchandise that are not 
specifically excluded are included in this scope.
    The products under investigation are currently classifiable 
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3093, 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Critical Circumstance
IV. Scope of the Investigation
V. Scope Comments
VI. Final Determination of No Sales For STINKO
VII. Final Determination of Affiliation and Collapsing
VIII. Changes to the Margin Calculation
IX. Discussion of the Issues:
    Comment 1: Whether To Apply AFA to POSCO Because its Weighted-
Average CONNUM-Specific Cost Database Is Unreliable
    Comment 2: Whether To Apply AFA to POSCO Because It Failed To 
Report All of its U.S. Sales
    Comment 3: Whether Commerce Should Use Additional Product 
Characteristics for Model Match
    Comment 4: U.S. Credit Expense (CREDITU)
    Comment 5: Whether POSCO Reported the Appropriate Indirect 
Selling Expense Incurred in the United States (INDIRS1U)
    Comment 6: Indirect Selling Expense Incurred in the Home Market 
(DINDIRS2U)
    Comment 7: Whether POSCO Failed To Report That its Sale to 
Company B Was an Affiliated Sale
    Comment 8: Negative Credit Expenses of Home Market Sales
    Comment 9: SAS Syntax for Capping Home Market Freight Expenses
    Comment 10: Whether To Include Interest From Late Payment 
Interest in the Interest Expense (INTEX) Calculation
X. Recommendation

[FR Doc. 2018-06143 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               13228                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               Retirement Income                                       spouse options. An automated                          DEPARTMENT OF COMMERCE
                                                  Over the last 40 years, defined                      relationship/sex consistency check will
                                                                                                       be included in electronic instruments to              International Trade Administration
                                               contribution retirement plans have
                                               become increasingly common while                        provide respondents an opportunity to                 [A–580–891]
                                               defined benefit plans (such as pensions)                change their sex or relationship
                                               have become less so. Federal surveys                    responses when there is an                            Carbon and Alloy Steel Wire Rod From
                                               have lagged in addressing these newer                   inconsistency in the reported sex of an               the Republic of Korea: Final
                                               forms of retirement income and                          individual and whether their                          Affirmative Determination of Sales at
                                               subsequently underreport retirement                     relationship was reported as ‘‘Opposite-              Less Than Fair Value and Final
                                               income. The Retirement, Survivor, and                   sex’’ or ‘‘Same-sex’’ husband/wife/                   Negative Determination of Critical
                                               Disability Income question was changed                  spouse or unmarried partner. This check               Circumstances
                                               to improve income reporting, increase                   reduces the inconsistency in responses
                                                                                                       and improves the quality of the                       AGENCY:   Enforcement and Compliance,
                                               item response rates, reduce reporting                                                                         International Trade Administration,
                                               errors, and update questions on                         relationship data. The category ‘‘Roomer
                                                                                                       or boarder’’ has been dropped from the                Department of Commerce.
                                               retirement income and the income                                                                              SUMMARY: The Department of Commerce
                                               generated from retirement accounts and                  Relationship question.
                                                                                                                                                             (Commerce) determines that imports of
                                               all other assets in order to better                     Race and Hispanic Origin                              carbon and alloy steel wire rod (wire
                                               measure retirement income data. The                                                                           rod) from the Republic of Korea (Korea)
                                               question was expanded to ask about                         The 2016 ACS Content Test served as                are being, or are likely to be, sold in the
                                               ‘‘retirement income, pensions, survivor                 an operational test of the race and                   United States at less than fair value
                                               or disability income.’’ In addition, the                ethnicity questions that were previously              (LTFV). In addition, we determine that
                                               instructions that accompany the                         tested on the 2015 National Content                   critical circumstances do not exist with
                                               question were expanded to note that                     Test (NCT). Recommendations about the                 respect to imports of the subject
                                               income from ‘‘a previous employer or                    race and ethnicity questions adopted for              merchandise. The period of
                                               union, or any regular withdrawals or                    the 2020 Census and production ACS                    investigation (POI) is January 1, 2016,
                                               distributions from IRA, Roth IRA,                       were based on the results of the census               through December 31, 2016.
                                               401(k), 403(b) or other accounts                        tests and decisions made in consultation
                                                                                                                                                             DATES: Applicable March 28, 2018.
                                               specifically designed for retirement’’                  with OMB; the 2016 ACS Content Test
                                               should be included.                                     provided an opportunity to test data                  FOR FURTHER INFORMATION CONTACT:
                                                                                                       collection modes and examine other                    Lingjun Wang, AD/CVD Operations,
                                               Relationship                                                                                                  Office VII, Enforcement and
                                                                                                       data not available in the 2015 NCT. The
                                                  For several years, the Census Bureau                 2016 ACS Content Test evaluated                       Compliance, International Trade
                                               has been testing revised relationship                   interviewer-administered collection                   Administration, U.S. Department of
                                               questions to improve the estimates of                   modes, assessed the race and ethnicity                Commerce, 1401 Constitution Avenue
                                               coupled households. The 1990 Census                     questions against demographic and                     NW, Washington, DC 20230; telephone:
                                               first introduced ‘‘Unmarried partner’’ as               socioeconomic data, and separately                    (202) 482–2316.
                                               a response category to the Relationship                 compared the race and ethnicity results               SUPPLEMENTARY INFORMATION:
                                               to Householder question. The 2000 and                   to data from the ancestry question. In
                                               2010 Censuses built upon this work,                                                                           Background
                                                                                                       2020 or later, the ACS will adopt the
                                               changing the processing of responses to                 final version of the race and Hispanic                  Commerce published the Preliminary
                                               the Relationship question to more                       origin questions that are implemented                 Determination of sales of wire rod from
                                               accurately represent same-sex couples.                  for the 2020 Census.                                  Korea at LTFV in the Federal Register
                                               The Census Bureau discovered a                             Affected Public: Individuals or                    on October 31, 2017.1 On November 7,
                                               statistical error in the 2010 Census data               households.                                           2017, Commerce postponed the final
                                               that resulted from opposite-sex couples                                                                       determination of this investigation.2 On
                                               mismarking their sex. This error had the                   Frequency: Response to the ACS is on               November 28, 2017, Commerce
                                               potential to inflate the estimates of                   a one-time basis.                                     amended the Preliminary
                                               same-sex, married couple households.                       Respondent’s Obligation: Mandatory.                Determination.3 Commerce exercised its
                                               The Census Bureau released a set of                        Legal Authority: Title 13, United                  discretion to toll deadlines affected by
                                               modified state-level, same-sex                          States Code, Sections 141, 193, and 221.              the closure of the Federal Government
                                               household estimates from the 2010                                                                             from January 20 through 22, 2018. If the
                                               Census because of this error, and also                     This information collection request                new deadline falls on a non-business
                                               began new research efforts to improve                   may be viewed at www.reginfo.gov.                     day, in accordance with Commerce’s
                                               the Relationship question.                              Follow the instructions to view
                                                  The Relationship question has been                   Department of Commerce collections                      1 See Carbon and Alloy Steel Wire Rod from the

                                               revised to improve measurement of                       currently under review by OMB.                        Republic of Korea: Preliminary Affirmative
                                                                                                                                                             Determination of Sales at Less Than Fair Value,
                                               same-sex couples. The existing                             Written comments and                               and Preliminary Negative Determination of Critical
                                               ‘‘Husband or wife’’ and ‘‘Unmarried                     recommendations for the proposed                      Circumstances, 82 FR 50386 (October 31, 2017)
                                               partner’’ response categories were each                 information collection should be sent                 (Preliminary Determination), and accompanying
                                               split into two versions: ‘‘Opposite-sex                 within 30 days of publication of this                 Preliminary Decision Memorandum.
                                                                                                                                                               2 See Carbon and Alloy Steel Wire Rod from Italy,
                                               husband/wife/spouse,’’ ‘‘Opposite-sex                   notice to OIRA_Submission@
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             the Republic of Korea, Spain, Turkey, and the
                                               unmarried partner,’’ ‘‘Same-sex                         omb.eop.gov or fax to (202)395–5806.                  United Kingdom: Postponement of Final
                                               husband/wife/spouse,’’ and ‘‘Same-sex                                                                         Determinations of Less-Than-Fair-Value
                                               unmarried partner.’’ Additionally, the                  Sheleen Dumas,                                        Investigation and Extension of Provisional
                                               two unmarried partner categories were                   Departmental Lead PRA Officer, Office of the          Measures, 82 FR 51613 (November 7, 2017).
                                                                                                                                                               3 See Carbon and Alloy Steel Wire Rod from the
                                               moved from near the end of the list of                  Chief Information Officer.
                                                                                                                                                             Republic of Korea: Amended Preliminary
                                               response options to near the beginning,                 [FR Doc. 2018–06166 Filed 3–27–18; 8:45 am]
                                                                                                                                                             Determination of Sales at Less Than Fair Value, 82
                                               immediately after the husband/wife/                     BILLING CODE 3510–07–P                                FR 56220 (November 28, 2017).



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                                                            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                          13229

                                               practice, the deadline will become the                   and Decision Memorandum. A list of                     facts otherwise available. Therefore, for
                                               next business day. The revised deadline                  these issues is attached to this notice at             purposes of determining the ‘‘all-others’’
                                               for the final determination of this                      Appendix II. The Issues and Decision                   rate and pursuant to section 735(c)(5)(A)
                                               investigation is now March 19, 2018.4                    Memorandum is a public document,                       of the Act, we are using the estimated
                                                 A summary of the events that                           and is on file electronically via                      weighted-average dumping margin
                                               occurred since the Preliminary                           Enforcement and Compliance’s                           calculated for POSCO, as referenced in
                                               Determination, as well as a full                         Antidumping and Countervailing Duty                    the ‘‘Final Determination’’ section
                                               discussion of the issues raised by parties               Centralized Electronic Service System                  below. This rate is 41.10 percent.
                                               for this final determination, may be                     (ACCESS). ACCESS is available to
                                               found in the accompanying Issues and                     registered users at http://                            Final Negative Determination of
                                               Decision Memorandum, which is                            access.trade.gov, and to all parties in the            Critical Circumstances
                                               adopted by this notice.5                                 Central Records Unit, room B8024 of the                   For the Preliminary Determination,
                                                                                                        main Department of Commerce                            Commerce preliminarily found that
                                               Scope of the Investigation
                                                                                                        building. In addition, a complete                      critical circumstances do not exist with
                                                 The product covered by this                            version of the Issues and Decision                     respect to imports of wire rod from
                                               investigation is wire rod from Korea. For                Memorandum can be accessed directly                    POSCO and ‘‘all other’’ producers and
                                               a complete description of the scope of                   at http://enforcement.trade.gov. The                   exporters of subject merchandise.10 In
                                               this investigation, see Appendix I.                      signed and electronic versions of the                  this final determination, Commerce
                                               Scope Comments                                           Issues and Decision Memorandum are                     continues to find that, in accordance
                                                                                                        identical in content.                                  with 735(a)(3) of the Act, critical
                                                 During the course of this                                                                                     circumstances do not exist for POSCO
                                               investigation, Commerce received scope                   Verification
                                                                                                                                                               and ‘‘all other’’ producers and exporters
                                               comments from interested parties. Prior                    As provided in section 782(i) of the                 in this investigation. A discussion of the
                                               to the Preliminary Determination,                        Tariff Act of 1930, as amended (the Act),              determination can be found in the
                                               Commerce issued a Preliminary Scope                      in November 2017, we verified the sales                ‘‘Critical Circumstances’’ section of the
                                               Decision Memorandum to address these                     and cost information reported by                       Issues and Decision Memorandum.
                                               comments.6 Since the Preliminary                         POSCO for use in our final
                                               Determination, POSCO, British Steel,                     determination. We used standard                        Final Determination
                                               and the petitioners filed scope case and                 verification procedures, including an                    The final estimated weighted-average
                                               rebuttal briefs.7 On November 20, 2017,                  examination of relevant accounting and                 dumping margins are as follows:
                                               we issued the Final Scope                                production records, and original source
                                               Memorandum in which we did not                           documents provided by POSCO.9                                                                      Estimated
                                               change the scope of this investigation.8                                                                                                                    weighted-
                                                                                                        Changes Since the Preliminary                                  Exporter/producer                    average
                                               Analysis of Comments Received                            Determination                                                                                      dumping
                                                 All issues raised in the case and                                                                                                                          margin
                                                                                                           Based on our analysis of comments                                                               (percent)
                                               rebuttal briefs by parties in this                       received and our findings at
                                               investigation are addressed in the Issues                verification, we made certain changes to               POSCO .................................           41.10
                                                                                                        the margin calculation for POSCO. For                  All-Others ..............................         41.10
                                                  4 See January 23, 2018 Memorandum re:

                                               Deadlines Affected by the Shutdown of the Federal        a discussion of these changes, see the
                                               Government (Tolling Memorandum). All deadlines           ‘‘Margin Calculation’’ section of the                  Disclosure
                                               in this segment of the proceeding have been              Issues and Decision Memorandum.                          We intend to disclose the calculations
                                               extended by 3 days.                                                                                             performed within five days of the date
                                                  5 See Memorandum re: Issues and Decision              All-Others Rate
                                               Memorandum for the Final Affirmative
                                                                                                                                                               of publication of this notice to parties in
                                               Determination in the Less-Than-Fair-Value
                                                                                                          Section 735(c)(5)(A) of the Act                      this proceeding in accordance with 19
                                               Investigation of Carbon and Alloy Steel Wire Rod         provides that the estimated weighted-                  CFR 351.224(b).
                                               from the Republic of Korea, dated concurrently           average dumping margin for all other
                                               with this determination and hereby adopted by this       producers and exporters shall be equal                 Continuation of Suspension of
                                               notice (Issues and Decision Memorandum).
                                                                                                        to the weighted average of the estimated               Liquidation
                                                  6 See August 7, 2017 Memorandum re: Carbon

                                               and Alloy Steel Wire Rod from Belarus, Italy, the        weighted-average dumping margins                         In accordance with section
                                               Republic of Korea, the Russian Federation, South         established for exporters and producers                735(c)(1)(B) of the Act, for this final
                                               Africa, Spain, the Republic of Turkey, Ukraine, the      individually investigated excluding                    determination, we will direct U.S.
                                               United Arab Emirates, and the United Kingdom:            rates that are zero, de minimis margins                Customs and Border Protection (CBP) to
                                               Scope Comments Decision Memorandum for the
                                               Preliminary Determinations (Preliminary Scope            or determined entirely under section                   suspend liquidation of all entries of
                                               Memorandum).                                             776 of the Act. POSCO is the only                      wire rod from Korea, as described in
                                                  7 The petitioners are Gerdau Ameristeel US Inc.,      respondent for which Commerce                          Appendix I to this notice, which were
                                               Nucor Corporation, Keystone Consolidated                 calculated an estimated weighted-                      entered, or withdrawn from warehouse,
                                               Industries, Inc., and Charter Steel (collectively, the
                                               petitioners). See POSCO’s September 6, 2017 Letter
                                                                                                        average dumping margin that is not                     for consumption on or after October 31,
                                               re: Scope Issues Case Brief, British Steel’s             zero, de minimis, or based entirely on                 2017, the date of publication in the
                                               September 6, 2017 Letter re: Scope Case Brief, and                                                              Federal Register of the affirmative
                                               the petitioners’ September 13, 2017 Letter re:             9 For discussion of our verification findings, see
                                                                                                                                                               Preliminary Determination.
                                               Rebuttal Brief in Response to the Scope Case Briefs      January 12, 2018 Memorandums, ‘‘Verification of          Furthermore, Commerce will instruct
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                                               of British Steel and POSCO.                              the Cost Response of POSCO in the Antidumping
                                                  8 For discussion of these comments, see               Duty Investigation of Carbon and Alloy Steel Wire
                                                                                                                                                               CBP to require a cash deposit for such
                                               November 20, 2017 Memorandum re: Carbon and              Rod from Korea,’’ ‘‘Verification of the Sales          entries of merchandise. Pursuant to
                                               Alloy Steel Wire Rod from Belarus, Italy, the            Response of POSCO in the Antidumping Duty              section 735(c)(1)(B)(ii) of the Act, CBP
                                               Republic of Korea, the Russian Federation, South         Investigation of Carbon and Alloy Steel Wire Rod       shall require a cash deposit equal to the
                                               Africa, Spain, the Republic of Turkey, Ukraine, the      from Korea’’ and ‘‘Verification of the CEP Sales
                                               United Arab Emirates, and the United Kingdom:            Response of POSCO in the Antidumping Duty
                                                                                                                                                               weighted-average amount by which
                                               Final Scope Memorandum (Final Scope                      Investigation of Carbon and Alloy Steel Wire Rod
                                               Memorandum).                                             from Korea.’’                                            10 See   Preliminary Determination at 50387.



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                                               13230                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               normal value exceeds U.S. price, as                     is hereby requested. Failure to comply                  Comment 1: Whether To Apply AFA to
                                               follows: (1) For POSCO, the cash                        with the regulations and the terms of an                  POSCO Because its Weighted-Average
                                               deposit rate will be equal to the                       APO is a sanctionable violation.                          CONNUM-Specific Cost Database Is
                                                                                                                                                                 Unreliable
                                               estimated weighted-average dumping                                                                              Comment 2: Whether To Apply AFA to
                                                                                                       Notification to Interested Parties
                                               margin which Commerce determined in                                                                               POSCO Because It Failed To Report All
                                               this final determination; (2) if the                       This determination and this notice are                 of its U.S. Sales
                                               exporter is not a firm identified in this               issued and published pursuant to                        Comment 3: Whether Commerce Should
                                               investigation but the producer is, then                 sections 735(d) and 777(i)(1) of the Act.                 Use Additional Product Characteristics
                                               the cash deposit rate will be equal to the                Dated: March 19, 2018.                                  for Model Match
                                               estimated weighted-average dumping                                                                              Comment 4: U.S. Credit Expense
                                                                                                       Gary Taverman,                                            (CREDITU)
                                               margin established for the producer of
                                                                                                       Deputy Assistant Secretary for Antidumping              Comment 5: Whether POSCO Reported the
                                               the subject merchandise; (3) the cash                   and Countervailing Duty Operations,                       Appropriate Indirect Selling Expense
                                               deposit rate for all other producers or                 performing the non-exclusive functions and                Incurred in the United States
                                               exporters will be 41.10 percent, as                     duties of the Assistant Secretary for                     (INDIRS1U)
                                               discussed in the ‘‘All-Others Rate’’                    Enforcement and Compliance.                             Comment 6: Indirect Selling Expense
                                               section, above.                                                                                                   Incurred in the Home Market
                                                  The instructions suspending                          Appendix I                                                (DINDIRS2U)
                                               liquidation will remain in effect until                 Scope of the Investigation                              Comment 7: Whether POSCO Failed To
                                               further notice.                                                                                                   Report That its Sale to Company B Was
                                                                                                          The products covered by this investigation             an Affiliated Sale
                                               U.S. International Trade Commission                     are certain hot-rolled products of carbon steel         Comment 8: Negative Credit Expenses of
                                               Notification                                            and alloy steel, in coils, of approximately               Home Market Sales
                                                                                                       round cross section, less than 19.00 mm in              Comment 9: SAS Syntax for Capping Home
                                                  In accordance with section 735(d) of                 actual solid cross-sectional diameter.                    Market Freight Expenses
                                               the Act, we will notify the U.S.                        Specifically excluded are steel products                Comment 10: Whether To Include Interest
                                               International Trade Commission (ITC) of                 possessing the above-noted physical                       From Late Payment Interest in the
                                               our final determination of sales at LTFV                characteristics and meeting the Harmonized                Interest Expense (INTEX) Calculation
                                               and final negative determination of                     Tariff Schedule of the United States (HTSUS)          X. Recommendation
                                               critical circumstances for Korea.                       definitions for (a) stainless steel; (b) tool
                                                                                                                                                             [FR Doc. 2018–06143 Filed 3–27–18; 8:45 am]
                                               Because Commerce’s final                                steel; (c) high-nickel steel; (d) ball bearing
                                                                                                                                                             BILLING CODE 3510–DS–P
                                                                                                       steel; or (e) concrete reinforcing bars and
                                               determination in this proceeding is                     rods. Also excluded are free cutting steel
                                               affirmative, in accordance with section                 (also known as free machining steel)
                                               735(b)(2) of the Act, the ITC will make                 products (i.e., products that contain by              DEPARTMENT OF COMMERCE
                                               its final determination as to whether the               weight one or more of the following
                                               domestic industry in the United States                  elements: 0.1 percent or more of lead, 0.05           International Trade Administration
                                               is materially injured, or threatened with               percent or more of bismuth, 0.08 percent or           [A–475–836]
                                               material injury, by reason of imports, or               more of sulfur, more than 0.04 percent of
                                               sales (or the likelihood of sales) for                  phosphorous, more than 0.05 percent of                Carbon and Alloy Steel Wire Rod From
                                               importation of wire rod from Korea no                   selenium, or more than 0.01 percent of                Italy: Final Determination of Sales at
                                               later than 45 days after this final                     tellurium). All products meeting the physical
                                                                                                       description of subject merchandise that are
                                                                                                                                                             Less Than Fair Value
                                               determination, in accordance with                       not specifically excluded are included in this
                                               section 735(b)(2) of the Act. If the ITC                                                                      AGENCY:   Enforcement and Compliance,
                                                                                                       scope.                                                International Trade Administration,
                                               determines that such injury does not                       The products under investigation are
                                               exist, the proceeding will be terminated                                                                      Department of Commerce.
                                                                                                       currently classifiable under subheadings
                                                                                                                                                             SUMMARY: The Department of Commerce
                                               and all cash deposits posted will be                    7213.91.3011, 7213.91.3015, 7213.91.3020,
                                                                                                       7213.91.3093, 7213.91.4500, 7213.91.6000,
                                                                                                                                                             (Commerce) determines that carbon and
                                               refunded or cancelled. If the ITC
                                                                                                       7213.99.0030, 7227.20.0030, 7227.20.0080,             alloy wire rod (wire rod) from Italy is
                                               determines that such injury exists,
                                                                                                       7227.90.6010, 7227.90.6020, 7227.90.6030,             being, or is likely to be, sold in the
                                               Commerce will issue an antidumping
                                                                                                       and 7227.90.6035 of the HTSUS. Products               United States at less than fair value
                                               duty order directing CBP to assess, upon
                                                                                                       entered under subheadings 7213.99.0090 and            (LTFV). The period of investigation
                                               further instruction by Commerce,                        7227.90.6090 of the HTSUS also may be                 (POI) is January 1, 2016, through
                                               antidumping duties on all imports of the                included in this scope if they meet the               December 31, 2016. The final dumping
                                               subject merchandise entered, or                         physical description of subject merchandise           margins of sales at LTFV are listed
                                               withdrawn from warehouse, for                           above. Although the HTSUS subheadings are             below in the ‘‘Final Determination’’
                                               consumption on or after the effective                   provided for convenience and customs
                                                                                                                                                             section of this notice.
                                               date of the suspension of liquidation, as               purposes, the written description of the
                                                                                                       scope of this proceeding is dispositive.              DATES: Applicable March 28, 2018.
                                               discussed above in the ‘‘Continuation of
                                               Suspension of Liquidation’’ section.                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                       Appendix II                                           Victoria Cho or Mark Flessner, AD/CVD
                                               Notification Regarding Administrative                   List of Topics Discussed in the Issues and            Operations, Office VI, Enforcement and
                                               Protective Orders                                       Decision Memorandum                                   Compliance, International Trade
                                                 This notice serves as a reminder to                   I. Summary                                            Administration, U.S. Department of
                                               parties subject to an administrative                    II. Background                                        Commerce, 1401 Constitution Avenue
                                               protective order (APO) of their                         III. Critical Circumstance                            NW, Washington, DC 20230; telephone:
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                                               responsibility concerning the                           IV. Scope of the Investigation                        (202) 482–5075 and (202) 482–6312,
                                               disposition of proprietary information                  V. Scope Comments                                     respectively.
                                                                                                       VI. Final Determination of No Sales For
                                               disclosed under APO in accordance                             STINKO                                          SUPPLEMENTARY INFORMATION:
                                               with 19 CFR 351.305(a)(3). Timely                       VII. Final Determination of Affiliation and
                                               written notification of the return or                                                                         Background
                                                                                                             Collapsing
                                               destruction of APO materials, or                        VIII. Changes to the Margin Calculation                 On October 31, 2017, Commerce
                                               conversion to judicial protective order,                IX. Discussion of the Issues:                         published the Preliminary


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Document Created: 2018-11-01 08:55:39
Document Modified: 2018-11-01 08:55:39
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 March 28, 2018.
ContactLingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2316.
FR Citation83 FR 13228 

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