83_FR_13293 83 FR 13233 - Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of Critical Circumstances, in Part

83 FR 13233 - Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13233-13235
FR Document2018-06147

The Department of Commerce (Commerce) determines that carbon and alloy steel wire rod (wire rod) from Spain is being, or is likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances exist with respect to certain 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 13233-13235]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-816]


Carbon and Alloy Steel Wire Rod From Spain: Final Determination 
of Sales at Less Than Fair Value, and Final Determination of Critical 
Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that carbon 
and alloy steel wire rod (wire rod) from Spain is being, or is likely 
to be, sold in the United States at less than fair value (LTFV). In 
addition, we determine that critical circumstances exist with respect 
to certain 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: Davina Friedmann or Chelsey 
Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0698 
and (202) 482-1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of wire rod from Spain.\1\ On November 
7, 2017, Commerce published the postponement of the final 
determinations of LTFV investigation and extension of provisional 
measures.\2\ On December 7, 2017, Commerce published the Amended 
Preliminary Determination of sales at LTFV of wire rod from Spain.\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

[[Page 13234]]

be found in the Issues and Decision Memorandum, which is hereby adopted 
by this notice.\5\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Preliminary Determination of Critical Circumstances, in Part, 82 FR 
50389 (October 31, 2017) (Preliminary Determination), and 
accompanying memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Carbon and 
Alloy Steel Wire Rod from Spain,'' dated October 24, 2017 
(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 Spain: Amended 
Preliminary Determination of Sales at Less Than Fair Value, 82 FR 
57726 (December 7, 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 Spain,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is wire rod from Spain. 
For a complete description of the scope of this 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).
---------------------------------------------------------------------------

    In September 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to the comments received.\7\ We did not change the scope of 
this investigation.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 Global Steel Wire S.A. 
(GSW), CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de 
Laminaci[oacute]n (collectively, CELSA) 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 CELSA.\8\
---------------------------------------------------------------------------

    \8\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Cost Response 
of Global Steel Wire S.A., CELSA Atlantic S.A., and Compania 
Espanola de Laminacion in the Less-Than-Fair-Value Investigation of 
Carbon and Alloy Steel Wire Rod from Spain,'' dated January 8, 2018; 
and Memorandum, ``Verification of the Sales Response of Global Steel 
Wire S.A., CELSA Atlantic S.A., and Compania Espanola de Laminacion 
in the Antidumping Investigation of Carbon Alloy Steel Wire Rod from 
Spain,'' dated January 18, 2018.
---------------------------------------------------------------------------

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 
CELSA. 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 
ArcelorMittal Espana S.A. (AME) failed to respond to Commerce's 
questionnaire, we applied adverse facts available (AFA) to AME in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. 
We corroborated the petition dumping margin of 32.64 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 AME 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. CELSA 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 CELSA, as 
referenced in the ``Final Determination'' section below.

Final Determination

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

    \9\ No interested party commented on our preliminary 
determination that Global Steel Wire S.A., CELSA Atlantic S.A., and 
Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n are affiliated 
within the meaning of section 771(33)(F) of the Act, and that these 
companies should be treated as a single entity pursuant to 19 CFR 
351.401(f). See Preliminary Determination, 82 FR 50389. Accordingly, 
we are continuing to find these companies affiliated and to treat 
them as a single entity for these final results.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Global Steel Wire S.A./CELSA Atlantic S.A./                        11.08
 Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n
 \9\....................................................
ArcelorMittal Espana S.A................................           32.64
All-Others..............................................           11.08
------------------------------------------------------------------------

Affirmative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 351.206, 
Commerce continues to find that critical circumstances do not exist for 
CELSA and all-other companies, but do exist for AME, for the reasons 
described in the Issues and Decision Memorandum. For a full description 
of the methodology and results of Commerce's critical circumstances 
analysis, see the ``Critical Circumstances'' section of the Issues and 
Decision Memorandum.

Disclosure

    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

[[Page 13235]]

instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of wire rod from Spain, 
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. For 
entries made by AME, in accordance with section 735(c)(4)(A) of the 
Act, because we continue to find that critical circumstances exist, we 
will instruct CBP to continue to suspend liquidation of all appropriate 
entries of wire rod from Spain which were entered, or withdrawn from 
warehouse, for consumption on or after August 2, 2017, which is 90 days 
prior to 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 weighted-average dumping margins 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 Spain sold in the United States at 
LTFV 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

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.

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 and 19 CFR 
351.210(c).

    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. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of the Issues:
    Comment 1: Date of Sale and Use of Constructed Export Price
    Comment 2: Inclusion of Certain Extraordinary Expenses in GSW's 
Net General and Administrative Expenses
    Comment 3: Correction of Certain Data Errors
    Comment 4: Inclusion of Income Attributable to Certain Scrap 
Sales in GSW's Net General and Administrative Expenses
    Comment 5: Adjustment of GSW's Reported Costs To Reflect the 
Yield Loss Attributable to the Cutting Stage of the Production 
Process
    Comment 6: Whether GSW Understated its Per-Unit Costs by 
Reporting Sales Quantities
    Comment 7: Whether GSW Improperly Calculated Direct Materials 
Cost on a Product-Group Basis
    Comment 8: Inclusion of Certain Items in the Calculation of the 
CELSA Companies' General and Administrative Expense Rates
    Comment 9: AFA
IX. Recommendation

[FR Doc. 2018-06147 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                   13233

                                               (TSIJ).2 On December 7, 2017, in                          Notification to Importers                            investigation (POI) is January 1, 2016
                                               accordance with section 751(a) of the                        This notice serves as a final reminder            through December 31, 2016.
                                               Tariff Act of 1930, as amended (the Act)                  to importers of their responsibility                 DATES: Applicable March 28, 2018.
                                               and 19 CFR 351.221(c)(1)(i), we initiated                 under 19 CFR 351.402(f)(2) to file a                 FOR FURTHER INFORMATION CONTACT:
                                               an administrative review of the order on                  certificate regarding the reimbursement              Davina Friedmann or Chelsey
                                               HR Steel from the Netherlands with                        of antidumping duties prior to                       Simonovich, AD/CVD Operations,
                                               respect to TSIJ.3 Commerce exercised its                  liquidation of the relevant entries                  Office VI, Enforcement and Compliance,
                                               discretion to toll all deadlines affected                 during this review period. Failure to                International Trade Administration,
                                               by the closure of the Federal                             comply with this requirement could                   U.S. Department of Commerce, 1401
                                               Government from January 20 through                        result in Commerce’s presumption that                Constitution Avenue NW, Washington,
                                               22, 2018. If the new deadline falls on a                  reimbursement of antidumping duties                  DC 20230; telephone: (202) 482–0698
                                               non-business day, in accordance with                      occurred and the subsequent assessment               and (202) 482–1979, respectively.
                                               Commerce’s practice, the deadline will                    of doubled antidumping duties.                       SUPPLEMENTARY INFORMATION:
                                               become the next business day.4 On
                                                                                                         Notification Regarding Administrative                Background
                                               March 12, 2018, the petitioners timely
                                                                                                         Protective Order                                        On October 31, 2017, Commerce
                                               withdrew their request for an
                                               administrative review of TSIJ.5 No other                    This notice also serves as a reminder              published the Preliminary
                                               party requested a review.                                 to parties subject to administrative                 Determination of sales at LTFV of wire
                                                                                                         protective order (APO) of their                      rod from Spain.1 On November 7, 2017,
                                               Rescission of Review                                      responsibility concerning the                        Commerce published the postponement
                                                                                                         disposition of proprietary information               of the final determinations of LTFV
                                                  Pursuant to 19 CFR 351.213(d)(1),                                                                           investigation and extension of
                                               Commerce will rescind an                                  disclosed under APO in accordance
                                                                                                         with 19 CFR 351.305(a)(3). Timely                    provisional measures.2 On December 7,
                                               administrative review ‘‘in whole or in                                                                         2017, Commerce published the
                                               part, if a party that requested a review                  written notification of the return or
                                                                                                         destruction of APO materials or                      Amended Preliminary Determination of
                                               withdraws the request within 90 days of                                                                        sales at LTFV of wire rod from Spain.3
                                                                                                         conversion to judicial protective order is
                                               the date of publication of notice of                                                                           Commerce has exercised its discretion
                                                                                                         hereby requested. Failure to comply
                                               initiation of the requested review.’’ The                                                                      to toll deadlines affected by the closure
                                                                                                         with the regulations and the terms of an
                                               petitioners withdrew their request for                                                                         of the Federal Government from January
                                                                                                         APO is a sanctionable violation.
                                               review within the 90-day time limit.                                                                           20 through 22, 2018. If the new deadline
                                                                                                           This notice is issued and published in
                                               Because we received no other requests                                                                          falls on a non-business day, in
                                                                                                         accordance with sections 751(a)(1) and
                                               for review of TSIJ, and no other requests                                                                      accordance with Commerce’s practice,
                                                                                                         777(i)(1) of the Act and 19 CFR
                                               for the review of the order on HR Steel                   351.213(d)(4).                                       the deadline will become the next
                                               from the Netherlands, we are rescinding                                                                        business day. The revised deadline for
                                               the administrative review of the order in                   Dated: March 22, 2018.
                                                                                                                                                              the final determination of this
                                               full, in accordance with 19 CFR                           James Maeder,                                        investigation is now March 19, 2018.4 A
                                               351.213(d)(1).                                            Associate Deputy Assistant Secretary for             summary of the events that occurred
                                                                                                         Antidumping and Countervailing Duty                  since Commerce published the
                                               Assessment                                                Operations, performing the duties of Deputy
                                                                                                         Assistant Secretary for Antidumping and
                                                                                                                                                              Preliminary Determination, as well as a
                                                  Commerce will instruct U.S. Customs                    Countervailing Duty Operations.                      full discussion of the issues raised by
                                               and Border Protection (CBP) to assess                     [FR Doc. 2018–06207 Filed 3–27–18; 8:45 am]
                                                                                                                                                              parties for this final determination, may
                                               antidumping duties on all appropriate                     BILLING CODE 3510–DS–P                                  1 See Carbon and Alloy Steel Wire Rod from
                                               entries of HR Steel products from the
                                                                                                                                                              Spain: Preliminary Affirmative Determination of
                                               Netherlands during the POR at rates                                                                            Sales at Less Than Fair Value and Preliminary
                                               equal to the cash deposit rate of                         DEPARTMENT OF COMMERCE                               Determination of Critical Circumstances, in Part, 82
                                               estimated antidumping duties required                                                                          FR 50389 (October 31, 2017) (Preliminary
                                                                                                         International Trade Administration                   Determination), and accompanying memorandum,
                                               at the time of entry, or withdrawal from                                                                       ‘‘Decision Memorandum for the Preliminary
                                               warehouse, for consumption, in                                                                                 Determination in the Antidumping Duty
                                               accordance with 19 CFR                                    [A–469–816]                                          Investigation of Carbon and Alloy Steel Wire Rod
                                               351.212(c)(1)(i). Commerce intends to                                                                          from Spain,’’ dated October 24, 2017 (Preliminary
                                                                                                         Carbon and Alloy Steel Wire Rod From                 Decision Memorandum).
                                               issue appropriate assessment                                                                                      2 See Carbon and Alloy Steel Wire Rod from Italy,
                                               instructions to CBP 15 days after                         Spain: Final Determination of Sales at               the Republic of Korea, Spain, Turkey, and the
                                               publication of this notice in the Federal                 Less Than Fair Value, and Final                      United Kingdom: Postponement of Final
                                               Register.                                                 Determination of Critical                            Determinations of Less-Than-Fair-Value
                                                                                                         Circumstances, in Part                               Investigation and Extension of Provisional
                                                                                                                                                              Measures, 82 FR 51613 (November 7, 2017).
                                                 2 See the petitioners’ Letter, ‘‘Re: Hot-Rolled Steel
                                                                                                         AGENCY:   Enforcement and Compliance,                   3 See Carbon and Alloy Steel Wire Rod from
                                               Flat Products from the Netherlands: Request for                                                                Spain: Amended Preliminary Determination of
                                               Administrative Review,’’ dated October 31, 2017.          International Trade Administration,
                                                                                                                                                              Sales at Less Than Fair Value, 82 FR 57726
                                                 3 See Initiation of Antidumping and                     Department of Commerce.                              (December 7, 2017) (Amended Preliminary
                                               Countervailing Duty Administrative Reviews, 82 FR         SUMMARY: The Department of Commerce                  Determination).
                                               57705 (December 7, 2017) (Initiation Notice).                                                                     4 See Memorandum for The Record from
                                                                                                         (Commerce) determines that carbon and
daltland on DSKBBV9HB2PROD with NOTICES




                                                 4 See Memorandum, ‘‘Deadlines Affected by the
                                                                                                                                                              Christian Marsh, Deputy Assistant Secretary for
                                               Shutdown of the Federal Government,’’ (Tolling            alloy steel wire rod (wire rod) from                 Enforcement and Compliance, performing the non-
                                               Memorandum), dated January 23, 2018. All                  Spain is being, or is likely to be, sold in          exclusive functions and duties of the Assistant
                                               deadlines in this segment of the proceeding have          the United States at less than fair value            Secretary for Enforcement and Compliance,
                                               been extended by 3 days.                                  (LTFV). In addition, we determine that               ‘‘Deadlines Affected by the Shutdown of the
                                                 5 See the petitioners’ Letter, ‘‘Re Hot-Rolled Steel                                                         Federal Government’’ (Tolling Memorandum),
                                               Flat Products from the Netherlands/Withdrawal of
                                                                                                         critical circumstances exist with respect            dated January 23, 2018. All deadlines in this
                                               Request for Administrative Review,’’ dated March          to certain imports of the subject                    segment of the proceeding have been extended by
                                               12, 2018.                                                 merchandise. The period of                           3 days.



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                                               13234                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               be found in the Issues and Decision                     access.trade.gov, and it is available to                weighted average of the estimated
                                               Memorandum, which is hereby adopted                     all parties in the Central Records Unit,                weighted-average dumping margins
                                               by this notice.5                                        room B–8024 of the main Department of                   established for exporters and producers
                                                                                                       Commerce building. In addition, a                       individually investigated, excluding any
                                               Scope of the Investigation
                                                                                                       complete version of the Issues and                      zero or de minimis margins and margins
                                                 The product covered by this                           Decision Memorandum can be accessed                     determined entirely under section 776
                                               investigation is wire rod from Spain. For               directly at http://enforcement.trade.gov/               of the Act. CELSA is the only
                                               a complete description of the scope of                  frn/index.html. The signed and                          respondent for which Commerce
                                               this investigation, see Appendix I.                     electronic versions of the Issues and                   calculated a company-specific margin
                                               Scope Comments                                          Decision Memorandum are identical in                    that is not zero, de minimis, or based
                                                                                                       content.                                                entirely on facts otherwise available.
                                                  During the course of this                                                                                    Therefore, for purposes of determining
                                               investigation, Commerce received                        Verification
                                                                                                                                                               the ‘‘all-others’’ rate and pursuant to
                                               numerous scope comments from                              As provided in section 782(i) of the                  section 735(c)(5)(A) of the Act, we are
                                               interested parties. Prior to the                        Tariff Act of 1930, as amended (the Act),               using the dumping margin calculated
                                               Preliminary Determination, Commerce                     in November and December 2017, we                       for CELSA, as referenced in the ‘‘Final
                                               issued a Preliminary Scope Decision                     conducted verification of the sales and                 Determination’’ section below.
                                               Memorandum to address these                             cost information submitted by Global
                                               comments. As a result of these                          Steel Wire S.A. (GSW), CELSA Atlantic                   Final Determination
                                               comments, Commerce made no changes                      S.A., and Companı́a Española de                          The final weighted-average dumping
                                               to the scope of this investigation as it                Laminación (collectively, CELSA) for                   margins are as follows:
                                               appeared in the Initiation Notice.6                     use in our final determination. We used
                                                  In September 2017, we received scope                                                                                                                     Weighted-
                                                                                                       standard verification procedures,
                                               case and rebuttal briefs. On November                                                                                                                        average
                                                                                                       including an examination of relevant
                                               20, 2017, we issued the Final Scope                                                                                 Exporter/manufacturer                   dumping
                                                                                                       accounting and production records, and                                                               margins
                                               Decision Memorandum in response to
                                                                                                       original source documents provided by                                                               (percent)
                                               the comments received.7 We did not
                                                                                                       CELSA.8
                                               change the scope of this investigation.                                                                         Global Steel Wire S.A./
                                               Analysis of Comments Received                           Changes Since the Preliminary                             CELSA Atlantic S.A./
                                                                                                       Determination                                             Companı́a Española de
                                                 All issues raised in the case and                                                                               Laminación 9 ......................            11.08
                                               rebuttal briefs by parties in this                         Based on our analysis of the                         ArcelorMittal Espana S.A .....                    32.64
                                               investigation are addressed in the Issues               comments received and our findings at                   All-Others ..............................         11.08
                                               and Decision Memorandum. A list of                      verification, we made certain changes to
                                               the issues raised is attached to this                   the margin calculations for CELSA. For                  Affirmative Determination of Critical
                                               notice as Appendix II. The Issues and                   a discussion of these changes, see the                  Circumstances
                                               Decision Memorandum is a public                         ‘‘Margin Calculations’’ section of the
                                                                                                       Issues and Decision Memorandum.                            In accordance with section 735(a)(3)
                                               document and is on file electronically                                                                          of the Act and 19 CFR 351.206,
                                               via Enforcement and Compliance’s                        Adverse Facts Available                                 Commerce continues to find that critical
                                               Antidumping and Countervailing Duty                                                                             circumstances do not exist for CELSA
                                                                                                         In the Preliminary Determination,
                                               Centralized Electronic Service System                                                                           and all-other companies, but do exist for
                                                                                                       because mandatory respondent
                                               (ACCESS). ACCESS is available to                                                                                AME, for the reasons described in the
                                                                                                       ArcelorMittal Espana S.A. (AME) failed
                                               registered users at https://                                                                                    Issues and Decision Memorandum. For
                                                                                                       to respond to Commerce’s
                                                  5 See Memorandum, ‘‘Issues and Decision
                                                                                                       questionnaire, we applied adverse facts                 a full description of the methodology
                                               Memorandum for the Final Affirmative                    available (AFA) to AME in accordance                    and results of Commerce’s critical
                                               Determination in the Less-Than-Fair-Value               with sections 776(a) and (b) of the Act                 circumstances analysis, see the ‘‘Critical
                                               Investigation of Carbon and Alloy Steel Wire Rod        and 19 CFR 351.308. We corroborated                     Circumstances’’ section of the Issues
                                               from Spain,’’ dated concurrently with, and hereby                                                               and Decision Memorandum.
                                               adopted by, this notice (Issues and Decision
                                                                                                       the petition dumping margin of 32.64
                                               Memorandum).                                            percent to the extent practicable within                Disclosure
                                                  6 For discussion of these comments, see              the meaning of section 776(c) of the Act.
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           This is the sole rate identified in the                   We will disclose the calculations
                                               from Belarus, Italy, the Republic of Korea, the         petition, and, thus, we assigned this                   performed within five days of the date
                                               Russian Federation, South Africa, Spain, the
                                                                                                       dumping margin to AME as AFA.                           of publication of this notice to parties in
                                               Republic of Turkey, Ukraine, the United Arab                                                                    this proceeding in accordance with 19
                                               Emirates, and the United Kingdom: Scope
                                               Comments Decision Memorandum for the
                                                                                                       All-Others Rate                                         CFR 351.224(b).
                                               Preliminary Determination’’ (Preliminary Scope            Section 735(c)(5)(A) of the Act
                                               Decision Memorandum), dated August 7, 2017; see
                                                                                                                                                               Continuation of Suspension of
                                               also Carbon and Alloy Steel Wire Rod from Belarus,
                                                                                                       provides that the estimated all-others                  Liquidation
                                               Italy, the Republic of Korea, the Russian Federation,   rate shall be an amount equal to the
                                                                                                                                                                 In accordance with section
                                               South Africa, Spain, the Republic of Turkey,
                                               Ukraine, United Arab Emirates, and United                  8 For discussion of our verification findings, see   735(c)(1)(B) of the Act, Commerce will
                                               Kingdom: Initiation of Less-Than-Fair-Value             the following memoranda: Memorandum,
                                               Investigations, 82 FR 19207 (April 20, 2017)            ‘‘Verification of the Cost Response of Global Steel        9 No interested party commented on our
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                                               (Initiation Notice).                                    Wire S.A., CELSA Atlantic S.A., and Compania            preliminary determination that Global Steel Wire
                                                  7 For discussion of these comments, see              Espanola de Laminacion in the Less-Than-Fair-           S.A., CELSA Atlantic S.A., and Companı́a Española
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           Value Investigation of Carbon and Alloy Steel Wire      de Laminación are affiliated within the meaning of
                                               from Belarus, Italy, the Republic of Korea, the         Rod from Spain,’’ dated January 8, 2018; and            section 771(33)(F) of the Act, and that these
                                               Russian Federation, South Africa, Spain, the            Memorandum, ‘‘Verification of the Sales Response        companies should be treated as a single entity
                                               Republic of Turkey, Ukraine, the United Arab            of Global Steel Wire S.A., CELSA Atlantic S.A., and     pursuant to 19 CFR 351.401(f). See Preliminary
                                               Emirates, and the United Kingdom: Final Scope           Compania Espanola de Laminacion in the                  Determination, 82 FR 50389. Accordingly, we are
                                               Memorandum’’ (Final Scope Decision                      Antidumping Investigation of Carbon Alloy Steel         continuing to find these companies affiliated and to
                                               Memorandum), dated November 20, 2017.                   Wire Rod from Spain,’’ dated January 18, 2018.          treat them as a single entity for these final results.



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                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                  13235

                                               instruct U.S. Customs and Border                        judicial protective order, is hereby                    Comment 1: Date of Sale and Use of
                                               Protection (CBP) to continue to suspend                 requested. Failure to comply with the                      Constructed Export Price
                                               liquidation of all appropriate entries of               regulations and the terms of an APO is                  Comment 2: Inclusion of Certain
                                                                                                                                                                  Extraordinary Expenses in GSW’s Net
                                               wire rod from Spain, which were                         a sanctionable violation.
                                                                                                                                                                  General and Administrative Expenses
                                               entered, or withdrawn from warehouse,                                                                           Comment 3: Correction of Certain Data
                                                                                                       Notification to Interested Parties
                                               for consumption on or after October 31,                                                                            Errors
                                               2017, the date of publication of the                       This determination and this notice are               Comment 4: Inclusion of Income
                                               preliminary determination of this                       issued and published pursuant to                           Attributable to Certain Scrap Sales in
                                               investigation in the Federal Register.                  sections 735(d) and 777(i)(1) of the Act                   GSW’s Net General and Administrative
                                               For entries made by AME, in accordance                  and 19 CFR 351.210(c).                                     Expenses
                                               with section 735(c)(4)(A) of the Act,                                                                           Comment 5: Adjustment of GSW’s
                                                                                                         Dated: March 19, 2018.
                                               because we continue to find that critical                                                                          Reported Costs To Reflect the Yield Loss
                                                                                                       Gary Taverman,                                             Attributable to the Cutting Stage of the
                                               circumstances exist, we will instruct                   Deputy Assistant Secretary for Antidumping                 Production Process
                                               CBP to continue to suspend liquidation                  and Countervailing Duty Operations,                     Comment 6: Whether GSW Understated its
                                               of all appropriate entries of wire rod                  performing the non-exclusive functions and                 Per-Unit Costs by Reporting Sales
                                               from Spain which were entered, or                       duties of the Assistant Secretary for                      Quantities
                                               withdrawn from warehouse, for                           Enforcement and Compliance.                             Comment 7: Whether GSW Improperly
                                               consumption on or after August 2, 2017,                                                                            Calculated Direct Materials Cost on a
                                                                                                       Appendix I                                                 Product-Group Basis
                                               which is 90 days prior to the date of
                                               publication of the preliminary                                                                                  Comment 8: Inclusion of Certain Items in
                                                                                                       Scope of the Investigation                                 the Calculation of the CELSA
                                               determination of this investigation in
                                                                                                          The products covered by this investigation              Companies’ General and Administrative
                                               the Federal Register.                                   are certain hot-rolled products of carbon steel            Expense Rates
                                                  Further, Commerce will instruct CBP                  and alloy steel, in coils, of approximately             Comment 9: AFA
                                               to require a cash deposit equal to the                  round cross section, less than 19.00 mm in            IX. Recommendation
                                               estimated weighted-average dumping                      actual solid cross-sectional diameter.
                                               margins as shown above.                                                                                       [FR Doc. 2018–06147 Filed 3–27–18; 8:45 am]
                                                                                                       Specifically excluded are steel products
                                                                                                       possessing the above-noted physical                   BILLING CODE 3510–DS–P
                                               International Trade Commission (ITC)                    characteristics and meeting the Harmonized
                                               Notification                                            Tariff Schedule of the United States (HTSUS)
                                                  In accordance with section 735(d) of                 definitions for (a) stainless steel; (b) tool         DEPARTMENT OF COMMERCE
                                               the Act, we will notify the ITC of the                  steel; (c) high-nickel steel; (d) ball bearing
                                               final affirmative determination of sales                steel; or (e) concrete reinforcing bars and           International Trade Administration
                                                                                                       rods. Also excluded are free cutting steel
                                               at LTFV. Because the final                                                                                    [A–570–836]
                                                                                                       (also known as free machining steel)
                                               determination in this proceeding is                     products (i.e., products that contain by
                                               affirmative, in accordance with section                 weight one or more of the following                   Glycine From the People’s Republic of
                                               735(b)(2) of the Act, the ITC will make                 elements: 0.1 percent of more of lead, 0.05           China: Notice of Court Decision Not in
                                               its final determination as to whether the               percent or more of bismuth, 0.08 percent or           Harmony With Final Results of the
                                               domestic industry in the United States                  more of sulfur, more than 0.04 percent of             Antidumping Duty Administrative
                                               is materially injured, or threatened with               phosphorous, more than 0.05 percent of                Review and Notice of Amended Final
                                               material injury, by reason of imports of                selenium, or more than 0.01 percent of                Results; 2013–2014
                                               wire rod from Spain sold in the United                  tellurium). All products meeting the physical
                                                                                                       description of subject merchandise that are           AGENCY:  Enforcement and Compliance,
                                               States at LTFV no later than 45 days                    not specifically excluded are included in this        International Trade Administration,
                                               after our final determination. If the ITC               scope.                                                Department of Commerce.
                                               determines that material injury or threat                  The products under investigation are               SUMMARY: The Court of International
                                               of material injury does not exist, the                  currently classifiable under subheadings
                                               proceeding will be terminated and all                   7213.91.3011, 7213.91.3015, 7213.91.3020,
                                                                                                                                                             Trade (CIT or Court) sustained the final
                                               cash deposits will be refunded. If the                  7213.91.3093, 7213.91.4500, 7213.91.6000,             remand results pertaining to the
                                               ITC determines that such injury does                    7213.99.0030, 7227.20.0030, 7227.20.0080,             administrative review of the
                                               exist, Commerce will issue an                           7227.90.6010, 7227.90.6020, 7227.90.6030,             antidumping duty order on glycine from
                                               antidumping duty order directing CBP
                                                                                                       and 7227.90.6035 of the HTSUS. Products               the People’s Republic of China (China),
                                                                                                       entered under subheadings 7213.99.0090 and            covering the period of March 1, 2013,
                                               to assess, upon further instruction by                  7227.90.6090 of the HTSUS may also be
                                               Commerce, antidumping duties on all                                                                           through February 28, 2014. The
                                                                                                       included in this scope if they meet the               Department of Commerce (Commerce) is
                                               imports of the subject merchandise                      physical description of subject merchandise
                                               entered, or withdrawn from warehouse,                   above. Although the HTSUS subheadings are
                                                                                                                                                             notifying the public that the final
                                               for consumption on or after the effective               provided for convenience and customs                  judgment in this case is not in harmony
                                               date of the suspension of liquidation, as               purposes, the written description of the              with Commerce’s final results of the
                                               discussed above in the ‘‘Continuation of                scope of these proceedings is dispositive.            administrative review and that
                                               Suspension of Liquidation’’ section.                                                                          Commerce is amending the final results
                                                                                                       Appendix II                                           with respect to the dumping margin
                                               Notification Regarding Administrative                                                                         assigned to Baoding Mantong Fine
                                               Protective Orders (APO)                                 List of Topics Discussed in the Issues and            Chemistry Co. Ltd. (Baoding Mantong).
                                                                                                       Decision Memorandum                                   DATES: Applicable [March 22, 2018].
                                                 This notice serves as a reminder to
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                                               parties subject to APO of their                         I. Summary                                            FOR FURTHER INFORMATION CONTACT:
                                               responsibility concerning the                           II. Background                                        Edythe Artman or Brian Davis, AD/CVD
                                                                                                       III. Use of Adverse Facts Available
                                               disposition of proprietary information                  IV. Critical Circumstances
                                                                                                                                                             Operations, Office VI, Enforcement and
                                               disclosed under APO in accordance                       V. Scope of the Investigation                         Compliance, International Trade
                                               with 19 CFR 351.305(a)(3). Timely                       VI. Scope Comments                                    Administration, U.S. Department of
                                               notification of the return or destruction               VII. Margin Calculations                              Commerce, 1401 Constitution Avenue
                                               of APO materials, or conversion to                      VIII. Discussion of the Issues:                       NW, Washington, DC 20230; telephone:


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Document Created: 2018-11-01 08:55:22
Document Modified: 2018-11-01 08:55:22
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.
ContactDavina Friedmann or Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0698 and (202) 482-1979, respectively.
FR Citation83 FR 13233 

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