83_FR_13290 83 FR 13230 - Carbon and Alloy Steel Wire Rod From Italy: Final Determination of Sales at Less Than Fair Value

83 FR 13230 - Carbon and Alloy Steel Wire Rod From Italy: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13230-13232
FR Document2018-06134

The Department of Commerce (Commerce) determines that carbon and alloy wire rod (wire rod) from Italy is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13230-13232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-836]


Carbon and Alloy Steel Wire Rod From Italy: Final Determination 
of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carbon 
and alloy wire rod (wire rod) from Italy is being, or is likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation (POI) is January 1, 2016, through December 31, 2016. The 
final dumping margins of sales at LTFV are listed below in the ``Final 
Determination'' section of this notice.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Mark Flessner, 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) 482-5075 and (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary

[[Page 13231]]

Determination of sales at LTFV of wire rod from Italy.\1\ On November 
7, 2017, Commerce published the postponement of the final 
determinations of LTFV investigations and extension of provisional 
measures.\2\ On December 21, 2017, Commerce published the Amended 
Preliminary Determination of sales at LTFV of wire rod from Italy.\3\ 
Commerce has 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 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\ A summary of the events that occurred since 
Commerce published the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is hereby adopted by this notice.\5\
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    \1\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
50381 (October 31, 2017) (Preliminary Determination).
    \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 Italy: Amended 
Preliminary Determination of Sales at Less Than Fair Value, 82 FR 
60586 (December 21, 2017) (Amended Preliminary Determination).
    \4\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Carbon and Alloy Steel Wire Rod from Italy,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers wire rod from Italy. For a 
complete description of the scope of the investigation, see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received numerous 
scope comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
to address these comments. As a result of these comments, Commerce made 
no changes to the scope of this investigation as it appeared in the 
Initiation Notice.\6\
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    \6\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Scope 
Comments Decision Memorandum for the Preliminary Determination'' 
(Preliminary Scope Decision Memorandum), dated August 7, 2017; see 
also Carbon and Alloy Steel Wire Rod from Belarus, Italy, the 
Republic of Korea, the Russian Federation, South Africa, Spain, the 
Republic of Turkey, Ukraine, United Arab Emirates, and United 
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 
19207 (April 20, 2017) (Initiation Notice).
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    In September 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to these comments in which we did not change the scope of this 
investigation.\7\
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    \7\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Final 
Scope Memorandum'' (Final Scope Decision Memorandum), dated November 
20, 2017.
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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 the issues raised is attached to this notice as 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 https://access.trade.gov, 
and it is available to all parties in the Central Records Unit, room B-
8024 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/frn/index.html. 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 and December 2017, we conducted 
verification of the sales and cost information submitted by Ferriere 
Nord S.p.A. (Ferriere Nord) 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 Ferriere Nord.\8\
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    \8\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Cost Response 
of Ferriere Nord in the Antidumping Duty Investigation of Carbon and 
Alloy Steel Wire Rod from Italy,'' dated January 5, 2018; and 
Memorandum, ``Verification of the Sales Responses of Ferriere Nord 
in the
    Antidumping Investigation of Carbon and Alloy Wire Rod from 
Italy,'' dated January 10, 2018.
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Changes Since the Preliminary Determination

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

Adverse Facts Available

    In the Preliminary Determination, because mandatory respondent 
Ferriera Valsider S.p.A. (Ferriera Valsider) failed to respond to 
Commerce's questionnaire, we applied adverse facts available (AFA) to 
Ferriera Valsider, in accordance with sections 776(a) and (b) of the 
Act and 19 CFR 351.308. We corroborated the petition dumping margin of 
18.89 percent to the extent practicable within the meaning of section 
776(c) of the Act. This is the sole rate identified in the petition, 
and, thus, we assigned this dumping margin to Ferriera Valsider as AFA.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Ferriere Nord is the only respondent for which Commerce 
calculated a company-specific 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 dumping margin calculated for 
Ferriere Nord, as referenced in the ``Final Determination'' section 
below.

Final Determination

    The final weighted-average dumping margins are as follows:

[[Page 13232]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Ferriere Nord S.p.A./Acciaierie di Verona S.p.A. \9\....           12.41
Ferriera Valsider S.p.A.................................           18.89
All Others..............................................           12.41
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \9\ We continue to treat Ferriere Nord and Acciaierie di Verona 
S.p.A. as a single entity for the final determination.
---------------------------------------------------------------------------

    We will 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, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of wire rod from Italy, 
which were entered, or withdrawn from warehouse, for consumption on or 
after October 31, 2017, the date of publication of the preliminary 
determination of this investigation in the Federal Register.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown above.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the 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 of wire rod from Italy no later than 45 days after 
our final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, 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.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
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.
    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 of more of lead, 0.05 
percent or more of bismuth, 0.08 percent or more of sulfur, more 
than 0.04 percent of phosphorous, more than 0.05 percent of 
selenium, or more than 0.01 percent of tellurium). All products 
meeting the physical description of subject merchandise that are not 
specifically excluded are included in this scope.
    The products under investigation are currently classifiable 
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3093, 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS may also be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of these proceedings is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Use of Adverse Facts Available
VI. Margin Calculations
VII. Discussion of Issues:
    Comment 1: Revised General & Administrative Expenses
    Comment 2: Revised Selling Expenses
    Comment 3: Ferriere Nord's Correction Letter
    Comment 4: Correction of Errors Discovered at Verification
VIII. Recommendation

[FR Doc. 2018-06134 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               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:
daltland on DSKBBV9HB2PROD with NOTICES




                                               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


                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                       13231

                                               Determination of sales at LTFV of wire                  comments, Commerce made no changes                      original source documents provided by
                                               rod from Italy.1 On November 7, 2017,                   to the scope of this investigation as it                Ferriere Nord.8
                                               Commerce published the postponement                     appeared in the Initiation Notice.6
                                               of the final determinations of LTFV                                                                             Changes Since the Preliminary
                                                                                                         In September 2017, we received scope                  Determination
                                               investigations and extension of                         case and rebuttal briefs. On November
                                               provisional measures.2 On December 21,                  20, 2017, we issued the Final Scope                       Based on our analysis of the
                                               2017, Commerce published the                            Decision Memorandum in response to                      comments received and our findings at
                                               Amended Preliminary Determination of                    these comments in which we did not                      verification, we made certain changes to
                                               sales at LTFV of wire rod from Italy.3                  change the scope of this investigation.7
                                               Commerce has exercised its discretion                                                                           the margin calculations for Ferriere
                                               to toll deadlines affected by the closure               Analysis of Comments Received                           Nord. For a discussion of these changes,
                                               of the Federal Government from January                                                                          see the ‘‘Margin Calculations’’ section of
                                               20 through 22, 2018. If the new deadline                   All issues raised in the case and                    the Issues and Decision Memorandum.
                                               falls on a non-business day, in                         rebuttal briefs by parties in this
                                                                                                       investigation are addressed in the Issues               Adverse Facts Available
                                               accordance with Commerce’s practice,
                                               the deadline will become the next                       and Decision Memorandum. A list of
                                                                                                                                                                 In the Preliminary Determination,
                                               business day. The revised deadline for                  the issues raised is attached to this
                                                                                                                                                               because mandatory respondent Ferriera
                                               the final determination of this                         notice as Appendix II. The Issues and
                                                                                                       Decision Memorandum is a public                         Valsider S.p.A. (Ferriera Valsider) failed
                                               investigation is now March 19, 2018.4 A                                                                         to respond to Commerce’s
                                               summary of the events that occurred                     document and is on file electronically
                                                                                                       via Enforcement and Compliance’s                        questionnaire, we applied adverse facts
                                               since Commerce published the                                                                                    available (AFA) to Ferriera Valsider, in
                                               Preliminary Determination, as well as a                 Antidumping and Countervailing Duty
                                                                                                       Centralized Electronic Service System                   accordance with sections 776(a) and (b)
                                               full discussion of the issues raised by                                                                         of the Act and 19 CFR 351.308. We
                                               parties for this final determination, may               (ACCESS). ACCESS is available to
                                                                                                       registered users at https://                            corroborated the petition dumping
                                               be found in the Issues and Decision
                                                                                                       access.trade.gov, and it is available to                margin of 18.89 percent to the extent
                                               Memorandum, which is hereby adopted
                                               by this notice.5                                        all parties in the Central Records Unit,                practicable within the meaning of
                                                                                                       room B–8024 of the main Department of                   section 776(c) of the Act. This is the sole
                                               Scope of the Investigation                              Commerce building. In addition, a                       rate identified in the petition, and, thus,
                                                 The scope of the investigation covers                 complete version of the Issues and                      we assigned this dumping margin to
                                               wire rod from Italy. For a complete                     Decision Memorandum can be accessed                     Ferriera Valsider as AFA.
                                               description of the scope of the                         directly at http://enforcement.trade.gov/
                                               investigation, see Appendix I.                          frn/index.html. The signed and                          All-Others Rate
                                                                                                       electronic versions of the Issues and                     Section 735(c)(5)(A) of the Act
                                               Scope Comments                                          Decision Memorandum are identical in                    provides that the estimated all-others
                                                  During the course of this                            content.
                                               investigation, Commerce received                                                                                rate shall be an amount equal to the
                                               numerous scope comments from                            Verification                                            weighted average of the estimated
                                               interested parties. Prior to the                                                                                weighted-average dumping margins
                                                                                                         As provided in section 782(i) of the                  established for exporters and producers
                                               Preliminary Determination, Commerce                     Tariff Act of 1930, as amended, (the Act)
                                               issued a Preliminary Scope Decision                                                                             individually investigated excluding any
                                                                                                       in November and December 2017, we
                                               Memorandum to address these                                                                                     zero or de minimis margins, and
                                                                                                       conducted verification of the sales and
                                               comments. As a result of these                                                                                  margins determined entirely under
                                                                                                       cost information submitted by Ferriere
                                                                                                       Nord S.p.A. (Ferriere Nord) for use in                  section 776 of the Act. Ferriere Nord is
                                                  1 See Carbon and Alloy Steel Wire Rod from Italy:
                                                                                                       our final determination. We used                        the only respondent for which
                                               Preliminary Affirmative Determination of Sales at                                                               Commerce calculated a company-
                                               Less Than Fair Value, 82 FR 50381 (October 31,          standard verification procedures,
                                               2017) (Preliminary Determination).                      including an examination of relevant                    specific margin that is not zero, de
                                                  2 See Carbon and Alloy Steel Wire Rod from Italy,
                                                                                                       accounting and production records, and                  minimis, or based entirely on facts
                                               the Republic of Korea, Spain, Turkey, and the                                                                   otherwise available. Therefore, for
                                               United Kingdom: Postponement of Final
                                               Determinations of Less-Than-Fair-Value                     6 For discussion of these comments, see              purposes of determining the ‘‘all-others’’
                                               Investigation and Extension of Provisional              Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           rate and pursuant to section 735(c)(5)(A)
                                               Measures, 82 FR 51613 (November 7, 2017).               from Belarus, Italy, the Republic of Korea, the         of the Act, we are using the dumping
                                                  3 See Carbon and Alloy Steel Wire Rod from Italy:    Russian Federation, South Africa, Spain, the
                                                                                                       Republic of Turkey, Ukraine, the United Arab
                                                                                                                                                               margin calculated for Ferriere Nord, as
                                               Amended Preliminary Determination of Sales at
                                               Less Than Fair Value, 82 FR 60586 (December 21,         Emirates, and the United Kingdom: Scope                 referenced in the ‘‘Final Determination’’
                                               2017) (Amended Preliminary Determination).              Comments Decision Memorandum for the                    section below.
                                                  4 See Memorandum for The Record from                 Preliminary Determination’’ (Preliminary Scope
                                               Christian Marsh, Deputy Assistant Secretary for         Decision Memorandum), dated August 7, 2017; see         Final Determination
                                               Enforcement and Compliance, performing the non-         also Carbon and Alloy Steel Wire Rod from Belarus,
                                               exclusive functions and duties of the Assistant         Italy, the Republic of Korea, the Russian Federation,    The final weighted-average dumping
                                               Secretary for Enforcement and Compliance,               South Africa, Spain, the Republic of Turkey,
                                                                                                       Ukraine, United Arab Emirates, and United
                                                                                                                                                               margins are as follows:
                                               ‘‘Deadlines Affected by the Shutdown of the
                                               Federal Government’’ (Tolling Memorandum),              Kingdom: Initiation of Less-Than-Fair-Value
                                               dated January 23, 2018. All deadlines in this           Investigations, 82 FR 19207 (April 20, 2017)               8 For discussion of our verification findings, see
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                                               segment of the proceeding have been extended by         (Initiation Notice).                                    the following memoranda: Memorandum,
                                               3 days.                                                    7 For discussion of these comments, see
                                                                                                                                                               ‘‘Verification of the Cost Response of Ferriere Nord
                                                  5 See Memorandum, ‘‘Issues and Decision              Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           in the Antidumping Duty Investigation of Carbon
                                               Memorandum for the Final Affirmative                    from Belarus, Italy, the Republic of Korea, the
                                                                                                                                                               and Alloy Steel Wire Rod from Italy,’’ dated January
                                               Determination in the Less-Than-Fair-Value               Russian Federation, South Africa, Spain, the
                                                                                                       Republic of Turkey, Ukraine, the United Arab            5, 2018; and Memorandum, ‘‘Verification of the
                                               Investigation of Carbon and Alloy Steel Wire Rod
                                               from Italy,’’ dated concurrently with, and hereby       Emirates, and the United Kingdom: Final Scope           Sales Responses of Ferriere Nord in the
                                               adopted by, this notice (Issues and Decision            Memorandum’’ (Final Scope Decision                         Antidumping Investigation of Carbon and Alloy
                                               Memorandum).                                            Memorandum), dated November 20, 2017.                   Wire Rod from Italy,’’ dated January 10, 2018.



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                                               13232                        Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                                                                      Weighted-Notification Regarding Administrative                         II. Background
                                                                                       average Protective Orders (APO)                                       III. Scope of the Investigation
                                                   Exporter/manufacturer              dumping                                                                IV. Scope Comments
                                                                                       margins    This notice serves as a reminder to                        V. Use of Adverse Facts Available
                                                                                      (percent)parties subject to APO of their                               VI. Margin Calculations
                                                                                               responsibility concerning the                                 VII. Discussion of Issues:
                                               Ferriere Nord S.p.A./                           disposition of proprietary information                           Comment 1: Revised General &
                                                  Acciaierie di Verona                         disclosed under APO in accordance                                   Administrative Expenses
                                                        9
                                                  S.p.A. ..............................  12.41
                                                                                               with 19 CFR 351.305(a)(3). Timely                                Comment 2: Revised Selling Expenses
                                               Ferriera Valsider S.p.A .........         18.89                                                                  Comment 3: Ferriere Nord’s Correction
                                               All Others .............................. 12.41 notification of the return or destruction                           Letter
                                                                                               of APO materials, or conversion to
                                                                                                                                                                Comment 4: Correction of Errors
                                               Disclosure                                      judicial protective order, is hereby                                Discovered at Verification
                                                                                               requested. Failure to comply with the                         VIII. Recommendation
                                                  We will disclose the calculations            regulations and the terms of an APO is
                                               performed within five days of the date                                                                        [FR Doc. 2018–06134 Filed 3–27–18; 8:45 am]
                                                                                               a sanctionable violation.
                                               of publication of this notice to parties in        This determination and this notice are                     BILLING CODE 3510–DS–P
                                               this proceeding in accordance with 19           issued and published pursuant to
                                               CFR 351.224(b).                                 sections 735(d) and 777(i)(1) of the Act.
                                                                                                                                                             DEPARTMENT OF COMMERCE
                                               Continuation of Suspension of                     Dated: March 19, 2018.
                                               Liquidation                                     Gary Taverman,                                                International Trade Administration
                                                  In accordance with section                   Deputy Assistant Secretary for Antidumping
                                               735(c)(1)(B) of the Act, Commerce will          and Countervailing Duty Operations,                           [A–421–813]
                                               instruct U.S. Customs and Border                performing the non-exclusive functions and
                                                                                               duties of the Assistant Secretary for                         Certain Hot-Rolled Steel Flat Products
                                               Protection (CBP) to continue to suspend Enforcement and Compliance.
                                                                                                                                                             From the Netherlands: Rescission of
                                               liquidation of all appropriate entries of
                                                                                                                                                             Antidumping Duty Administrative
                                               wire rod from Italy, which were entered, Appendix I
                                                                                                                                                             Review; 2016–2017
                                               or withdrawn from warehouse, for                Scope of the Investigation
                                               consumption on or after October 31,                                                                           AGENCY:   Enforcement and Compliance,
                                                                                                 The products covered by this investigation
                                               2017, the date of publication of the            are certain hot-rolled products of carbon steel               International Trade Administration,
                                               preliminary determination of this               and alloy steel, in coils, of approximately                   Department of Commerce.
                                               investigation in the Federal Register.          round cross section, less than 19.00 mm in                    SUMMARY: The Department of Commerce
                                                  Further, Commerce will instruct CBP          actual solid cross-sectional diameter.                        (Commerce) is rescinding the
                                               to require a cash deposit equal to the          Specifically excluded are steel products                      administrative review of the
                                               estimated amount by which the normal            possessing the above-noted physical
                                                                                                                                                             antidumping duty order on certain hot-
                                               value exceeds the U.S. price as shown           characteristics and meeting the Harmonized
                                                                                               Tariff Schedule of the United States (HTSUS)                  rolled steel flat products from the
                                               above.                                                                                                        Netherlands for the period March 22,
                                                                                                        definitions for (a) stainless steel; (b) tool
                                               International Trade Commission (ITC)                     steel; (c) high-nickel steel; (d) ball bearing       2016, through September 30, 2017.
                                               Notification                                             steel; or (e) concrete reinforcing bars and          DATES: Applicable March 28, 2018.
                                                                                                        rods. Also excluded are free cutting steel
                                                  In accordance with section 735(d) of                  (also known as free machining steel)                 FOR FURTHER INFORMATION CONTACT:
                                               the Act, we will notify the ITC of the                   products (i.e., products that contain by             Hermes Pinilla, AD/CVD Operations,
                                               final affirmative determination of sales                 weight one or more of the following                  Office I, Enforcement and Compliance,
                                               at LTFV. Because the final                               elements: 0.1 percent of more of lead, 0.05          International Trade Administration,
                                               determination in this proceeding is                      percent or more of bismuth, 0.08 percent or          U.S. Department of Commerce, 1401
                                               affirmative, in accordance with section                  more of sulfur, more than 0.04 percent of            Constitution Avenue NW, Washington,
                                               735(b)(2) of the Act, the ITC will make                  phosphorous, more than 0.05 percent of               DC 20230; telephone: (202) 482–3477.
                                                                                                        selenium, or more than 0.01 percent of
                                               its final determination as to whether the                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                        tellurium). All products meeting the physical
                                               domestic industry in the United States                   description of subject merchandise that are
                                               is materially injured, or threatened with                                                                     Background
                                                                                                        not specifically excluded are included in this
                                               material injury, by reason of imports of                 scope.                                                 On October 4, 2017, Commerce
                                               wire rod from Italy no later than 45 days                   The products under investigation are              published a notice of opportunity to
                                               after our final determination. If the ITC                currently classifiable under subheadings             request an administrative review of the
                                               determines that material injury or threat                7213.91.3011, 7213.91.3015, 7213.91.3020,            antidumping duty order on certain hot-
                                               of material injury does not exist, the                   7213.91.3093, 7213.91.4500, 7213.91.6000,
                                                                                                                                                             rolled steel flat products (HR Steel) from
                                                                                                        7213.99.0030, 7227.20.0030, 7227.20.0080,
                                               proceeding will be terminated and all                                                                         the Netherlands for the period of review
                                                                                                        7227.90.6010, 7227.90.6020, 7227.90.6030,
                                               cash deposits will be refunded. If the                   and 7227.90.6035 of the HTSUS. Products              (POR) March 22, 2016, through
                                               ITC determines that such injury does                     entered under subheadings 7213.99.0090 and           September 30, 2017.1 On October 31,
                                               exist, Commerce will issue an                            7227.90.6090 of the HTSUS may also be                2017, the petitioners, AK Steel
                                               antidumping duty order directing CBP                     included in this scope if they meet the              Corporation, Steel Dynamics Inc., SSAB
                                               to assess, upon further instruction by                   physical description of subject merchandise          Enterprises, LLC, ArcelorMittal USA
                                               Commerce, antidumping duties on all                      above. Although the HTSUS subheadings are            LLC, Nucor Corporation, and United
                                               imports of the subject merchandise                       provided for convenience and customs
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                                                                                                                                                             States Steel Corporation, requested an
                                               entered, or withdrawn from warehouse,                    purposes, the written description of the
                                                                                                                                                             administrative review of the order with
                                                                                                        scope of these proceedings is dispositive.
                                               for consumption on or after the effective                                                                     respect to Tata Steel IJmuiden B.V.
                                               date of the suspension of liquidation.                   Appendix II
                                                                                                                                                               1 See Antidumping or Countervailing Duty Order,
                                                 9 We
                                                                                                        List of Topics Discussed in the Issues and
                                                       continue to treat Ferriere Nord and                                                                   Finding, or Suspended Investigation; Opportunity
                                               Acciaierie di Verona S.p.A. as a single entity for the
                                                                                                        Decision Memorandum                                  to Request Administrative Review, 82 FR 46217
                                               final determination.                                     I. Summary                                           (October 4, 2017).



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Document Created: 2018-11-01 08:56:00
Document Modified: 2018-11-01 08:56:00
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.
ContactVictoria Cho or Mark Flessner, 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) 482-5075 and (202) 482-6312, respectively.
FR Citation83 FR 13230 

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