83_FR_13299 83 FR 13239 - Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part

83 FR 13239 - Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13239-13241
FR Document2018-06137

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to exporters and producers of carbon and alloy steel wire rod (wire rod) from the Republic of Turkey (Turkey) for the period of investigation (POI), 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 13239-13241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06137]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-832]


Carbon and Alloy Steel Wire Rod From the Republic of Turkey: 
Final Affirmative Countervailing Duty Determination and Final 
Affirmative Critical Circumstances Determination, in Part

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to exporters and producers 
of carbon and alloy steel wire rod (wire rod) from the Republic of 
Turkey (Turkey) for the period of investigation (POI), January 1, 2016, 
through December 31, 2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Justin Neuman or Omar Qureshi, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0486 or (202) 482-5307, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 5, 2017, Commerce published its affirmative 
Preliminary Determination of this countervailing duty (CVD) 
investigation.\1\
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    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Turkey: Preliminary Affirmative Countervailing Duty Determination 
and Preliminary Affirmative Critical Circumstances Determination, in 
Part, 82 FR 41929 (September 5, 2017) (Preliminary Determination).
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    Commerce exercised its discretion to toll all 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.\2\ 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.\3\
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    \2\ 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'', dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Carbon and Alloy Steel Wire Rod from the Republic of Turkey,'' dated 
concurrently with this determination 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 Turkey. 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 and made no changes to the

[[Page 13240]]

scope of the investigation as it appeared in the Initiation Notice.\4\
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    \4\ 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.
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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 the comments received.\5\ We did not change the scope of 
this investigation.
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    \5\ 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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Methodology

    Commerce is conducting this CVD investigation in accordance with 
section 701 of the Tariff Act of 1930, as amended (Act). For each of 
the subsidy programs found to be countervailable, we determine that 
there is a subsidy (i.e., a financial contribution by an ``authority'' 
that gives rise to a benefit to the recipient) and that the subsidy is 
specific. For a full description of the methodology underlying our 
final determination, see the Issues and Decisions Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of 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

    Commerce conducted verification of the questionnaire responses 
submitted by the Government of Turkey, Habas Sinai Ve Tibbi Gazlar 
Istih (Habas), and Icdas Celik Eberji Tersane Ve Ulasim San (Icdas) 
between January 18, and February 9, 2018.

Adverse Facts Available

    If necessary information is not available on the record, or an 
interested party withholds information, fails to provide requested 
information in a timely manner, significantly impedes a proceeding by 
not providing information, or information provided cannot be verified, 
Commerce will apply facts available, pursuant to section 776(a)(1) and 
(2) of the Tariff Act of 1930, as amended (the Act). For purposes of 
this final determination, Commerce relied, in part, on facts available 
and, because certain respondents did not cooperate by not acting to the 
best of their ability to respond to the Commerce's requests for 
information, we drew an adverse inference, where appropriate, in 
selecting from among the facts otherwise available.\6\ A full 
discussion of our decision to rely on adverse facts available is 
presented in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Issues and Decision Memorandum.
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    \6\ See sections 776(a) and (b) of the Act.
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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 subsidy rate calculations 
since the Preliminary Determination. These changes are discussed in the 
``Analysis of Programs'' section of the Issues and Decision 
Memorandum.\7\
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    \7\ See Issues and Decision Memorandum at VII; see also 
Department Memorandum, ``Carbon and Alloy Steel Wire Rod from the 
Republic of Turkey: Calculations for the Final Countervailing Duty 
Determination,'' dated March 19, 2018.
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Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, Commerce found that critical 
circumstances exist with respect to imports of wire rod from Turkey 
from all other exporters or producers not individually examined.\8\ 
Following the Preliminary Determination, Habas did not provide 
requested information concerning its shipments through September 2017. 
As a result, we are modifying our findings for this final determination 
and relying, in part, on facts otherwise available with an adverse 
inference in arriving at our conclusion that, in accordance with 
section 705(a)(2) of the Act that critical circumstances exist with 
respect to Habas. We continue to find, as we did in the Preliminary 
Determination that critical circumstances exist with respect to imports 
from ``all other'' companies. For a full description of the methodology 
and results of Commerce's analysis, see the Issues and Decision 
Memorandum.
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    \8\ See Preliminary Determination at 41930.
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Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each exporter/producer of the subject merchandise 
individually investigated, i.e., Habas and Icdas. In accordance with 
section 705(c)(5)(A) of the Act, for companies not individually 
investigated, we apply an ``all-others'' rate, which is normally 
calculated by weighting the subsidy rates of the individual companies 
selected as mandatory respondents by those companies' exports of the 
subject merchandise to the United States. Under section 705(c)(5)(A)(i) 
of the Act, the ``all-others'' rate excludes zero and de minimis rates 
calculated for the exporters and producers individually investigated, 
as well as rates based entirely on facts otherwise available. Where the 
rates for the individually investigated companies are all zero or de 
minimis, or determined entirely using facts otherwise available, 
section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an 
``all-others'' rate using ``any reasonable method.''
    In this investigation, Commerce calculated individual 
countervailable subsidy rates for Habas and Icdas that are not zero, de 
minimis, or based entirely on facts otherwise available. Because we do 
not have publicly ranged data from all company respondents with which 
to calculate the all-others rate using a weighted-average of the 
individual estimated subsidy rates, Commerce calculated the all-others 
rate using a simple average of the individual estimated subsidy rates 
calculated for the examined respondents.
    The final subsidy rates are as follows:

------------------------------------------------------------------------
                                                           Subsidy rates
                         Company                             (percent)
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Habas Sinai Ve Tibbi Gazlar Istih.......................            3.86
Icdas Celik Eberji Tersane Ve Ulasim San................            3.81
All-Others..............................................            3.84
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Disclosure

    We intend to disclose the calculations performed within five days 
of the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

[[Page 13241]]

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any entries of merchandise 
under consideration from Turkey that were entered, or withdrawn from 
warehouse, for consumption by Habas and all other producers or 
exporters, other than Icdas, on or after September 5, 2017, which is 
the publication date in the Federal Register of the Preliminary 
Determination. In accordance with section 703(d) of the Act, we 
instructed CBP to discontinue the suspension of liquidation for CVD 
purposes for subject merchandise entered, or withdrawn from warehouse, 
on or after January 3, 2018, but to continue the suspension of 
liquidation of all entries from September 5, 2017, through January 2, 
2018.
    The Department continues to find that critical circumstances exist 
for the all others companies and therefore we will instruct CBP to 
continue to suspend liquidation of all entries of subject merchandise 
from the all others companies entered, or withdrawn from warehouse, for 
consumption on or after June 7, 2017, which is 90 days prior to the 
date of publication of the Preliminary Determination. CBP shall 
continue to require a cash deposit equal to the rates shown above. In 
addition, because we have determined for this final determination that 
critical circumstances exist for Habas, and section 705(c)(4) of the 
Act provides that, given an affirmative determination of critical 
circumstances, any suspension of liquidation shall apply to 
unliquidated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the date on which the suspension of liquidation was first ordered, we 
will also instruct CBP to suspend liquidation of all entries of subject 
merchandise from Habas entered, or withdrawn from warehouse, for 
consumption on or after June 7, 2017, which is 90 days before the date 
on which suspension of liquidation was first ordered. These 
instructions suspending liquidation will remain in effect until further 
notice.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and will require a cash deposit of estimated countervailing 
duties for entries of subject merchandise in the amounts indicated 
above. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated and 
all estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of the final affirmative countervailing duty determination. 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 Turkey, 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 a 
countervailing duty order directing CBP to assess, upon further 
instruction by Commerce, countervailing 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 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 is issued and published in accordance with 
sections 705(d) and 777(i) of the Act.

    Dated: March 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

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

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical Circumstances
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether Commerce Should Adjust the Benchmark Prices 
for Natural Gas
    Comment 2: Whether Commerce Should Alter the Calculation of 
Habas' Benefit Under the Rediscounted Loan Program Sales Denominator 
for Habas
    Comment 3: Whether Commerce Should Countervail the Minimum Wage 
Support Program
    Comment 4: Whether Commerce Should Adjust Icdas' Sales 
Denominator
X. Recommendation

[FR Doc. 2018-06137 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices 13239 will be refunded or canceled. If the ITC (nominal thickness) by 0.064 to 0.100 inch FOR FURTHER INFORMATION CONTACT: determines that such injury does exist, (nominal width). Justin Neuman or Omar Qureshi, AD/ Commerce intends to issue an Carton-closing staples subject to this CVD Operations, Office V, Enforcement antidumping duty order directing CBP investigation are currently classifiable under and Compliance, International Trade subheadings 8305.20.00.00 and to assess, upon further instruction by 7317.00.65.60 of the Harmonized Tariff Administration, U.S. Department of Commerce, antidumping duties on all Schedule of the United States (HTSUS). Commerce, 1401 Constitution Avenue imports of the subject merchandise While the HTSUS subheadings and ASTM NW, Washington, DC 20230; telephone: entered, or withdrawn from warehouse, specification are provided for convenience (202) 482–0486 or (202) 482–5307, for consumption on or after the effective and for customs purposes, the written respectively. date of the suspension of liquidation. description of the subject merchandise is SUPPLEMENTARY INFORMATION: dispositive. Notification Regarding Administrative Background Protective Orders Appendix II On September 5, 2017, Commerce This notice will serve as a reminder List of Topics Discussed in the Issues and published its affirmative Preliminary to the parties subject to administrative Decision Memorandum Determination of this countervailing protective order (APO) of their I. Summary duty (CVD) investigation.1 responsibility concerning the II. Background Commerce exercised its discretion to disposition of propriety information III. Changes from the Preliminary toll all deadlines affected by the closure Determination disclosed under APO in accordance of the Federal Government from January IV. Discussion of the Issues with 19 CFR 351.305. Timely written Comment 1: Whether To Assign Total 20 through 22, 2018. If the new deadline notification of return or destruction of Adverse Facts Available to Yueda Group falls on a non-business day, in APO materials or conversion to judicial A. Chronology accordance with Commerce’s practice, protective order is hereby requested. B. Verification and Timing the deadline will become the next Failure to comply with the regulations C. Reliance on Unverified Information business day. The revised deadline for and terms of an APO is a sanctionable D. Commerce’s Conduct Regarding the the final determination of this violation. Toller investigation is now March 19, 2018.2 A E. Application of Facts Available and summary of the events that occurred We intend to issue and publish this Adverse Facts Available determination in accordance with since Commerce published the F. Selection and Corroboration of the AFA sections 735(d) and 777(i)(1) of the Act. Preliminary Determination, as well as a Rate Comment 2: Reliance on Toller’s Reported full discussion of the issues raised by Dated: March 21, 2018. parties for this final determination, may Gary Taverman, FOP Data Comment 3: Separate Rate Assigned to be found in the Issues and Decision Deputy Assistant Secretary for Antidumping Non-Individually Examined Memorandum, which is hereby adopted and Countervailing Duty Operations, Respondents by this notice.3 performing the non-exclusive functions and Comment 4: Whether To Find Affirmative duties of the Assistant Secretary for Critical Circumstances Scope of the Investigation Enforcement and Compliance. Additional Arguments Regarding The scope of the investigation covers Appendix I Calculations wire rod from Turkey. For a complete V. Recommendation description of the scope of the Scope of the Investigation [FR Doc. 2018–06206 Filed 3–27–18; 8:45 am] investigation, see Appendix I. The scope of this investigation is carton- BILLING CODE 3510–DS–P closing staples. Carton-closing staples may be Scope Comments manufactured from carbon, alloy, or stainless During the course of this steel wire, and are included in the scope of investigation, Commerce received DEPARTMENT OF COMMERCE the investigation regardless of whether they numerous scope comments from are uncoated or coated, regardless of the type International Trade Administration interested parties. Prior to the of coating. Carton-closing staples are generally made Preliminary Determination, Commerce to American Society for Testing and [C–489–832] issued a Preliminary Scope Decision Materials (ASTM) specification ASTM Memorandum to address these D1974/D1974M–16, but can also be made to Carbon and Alloy Steel Wire Rod From comments and made no changes to the other specifications. Regardless of the Republic of Turkey: Final specification, however, all carton-closing Affirmative Countervailing Duty 1 See Carbon and Alloy Steel Wire Rod from the staples meeting the scope description are Determination and Final Affirmative Republic of Turkey: Preliminary Affirmative included in the scope. Carton-closing staples Countervailing Duty Determination and Preliminary Critical Circumstances Determination, Affirmative Critical Circumstances Determination, include stick staple products, often referred in Part to as staple strips, and roll staple products, in Part, 82 FR 41929 (September 5, 2017) (Preliminary Determination). often referred to as coils. Stick staples are AGENCY: Enforcement and Compliance, 2 See Memorandum for The Record from lightly cemented or lacquered together to International Trade Administration, Christian Marsh, Deputy Assistant Secretary for facilitate handling and loading into stapling Department of Commerce. Enforcement and Compliance, performing the non- machines. Roll staples are taped together exclusive functions and duties of the Assistant along their crowns. Carton-closing staples are SUMMARY: The Department of Commerce Secretary for Enforcement and Compliance, covered regardless of whether they are (Commerce) determines that ‘‘Deadlines Affected by the Shutdown of the imported in stick form or roll form. countervailable subsidies are being Federal Government’’, dated January 23, 2018. All daltland on DSKBBV9HB2PROD with NOTICES Carton-closing staples vary by the size of provided to exporters and producers of deadlines in this segment of the proceeding have the wire, the width of the crown, and the been extended by 3 days. carbon and alloy steel wire rod (wire 3 See Memorandum, ‘‘Issues and Decision length of the leg. The nominal leg length rod) from the Republic of Turkey Memorandum for the Final Determination in the ranges from 0.4095 inch to 1.375 inches and (Turkey) for the period of investigation Countervailing Duty Investigation of Carbon and the nominal crown width ranges from 1.125 Alloy Steel Wire Rod from the Republic of Turkey,’’ inches to 1.375 inches. The size of the wire (POI), January 1, 2016, through dated concurrently with this determination and used in the production of carton-closing December 31, 2016. hereby adopted by this notice (Issues and Decision staples varies from 0.029 to 0.064 inch DATES: Applicable March 28, 2018. Memorandum). VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\28MRN1.SGM 28MRN1

13240 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices scope of the investigation as it appeared Sinai Ve Tibbi Gazlar Istih (Habas), and circumstances exist with respect to in the Initiation Notice.4 Icdas Celik Eberji Tersane Ve Ulasim Habas. We continue to find, as we did In September 2017, we received scope San (Icdas) between January 18, and in the Preliminary Determination that case and rebuttal briefs. On November February 9, 2018. critical circumstances exist with respect 20, 2017, we issued the Final Scope to imports from ‘‘all other’’ companies. Adverse Facts Available Decision Memorandum in response to For a full description of the the comments received.5 We did not If necessary information is not methodology and results of Commerce’s change the scope of this investigation. available on the record, or an interested analysis, see the Issues and Decision party withholds information, fails to Memorandum. Methodology provide requested information in a Commerce is conducting this CVD timely manner, significantly impedes a Final Determination investigation in accordance with section proceeding by not providing In accordance with section 701 of the Tariff Act of 1930, as information, or information provided 705(c)(1)(B)(i) of the Act, we calculated amended (Act). For each of the subsidy cannot be verified, Commerce will a rate for each exporter/producer of the programs found to be countervailable, apply facts available, pursuant to subject merchandise individually we determine that there is a subsidy section 776(a)(1) and (2) of the Tariff investigated, i.e., Habas and Icdas. In (i.e., a financial contribution by an Act of 1930, as amended (the Act). For accordance with section 705(c)(5)(A) of ‘‘authority’’ that gives rise to a benefit to purposes of this final determination, the Act, for companies not individually the recipient) and that the subsidy is Commerce relied, in part, on facts investigated, we apply an ‘‘all-others’’ specific. For a full description of the available and, because certain rate, which is normally calculated by methodology underlying our final respondents did not cooperate by not weighting the subsidy rates of the determination, see the Issues and acting to the best of their ability to individual companies selected as Decisions Memorandum. respond to the Commerce’s requests for mandatory respondents by those information, we drew an adverse companies’ exports of the subject Analysis of Comments Received inference, where appropriate, in merchandise to the United States. Under All issues raised in the case and selecting from among the facts section 705(c)(5)(A)(i) of the Act, the rebuttal briefs by parties in this otherwise available.6 A full discussion ‘‘all-others’’ rate excludes zero and de investigation are addressed in the Issues of our decision to rely on adverse facts minimis rates calculated for the and Decision Memorandum. A list of available is presented in the ‘‘Use of exporters and producers individually the issues raised is attached to this Facts Otherwise Available and Adverse investigated, as well as rates based notice as Appendix II. The Issues and Inferences’’ section of the Issues and entirely on facts otherwise available. Decision Memorandum is a public Decision Memorandum. Where the rates for the individually document and is on file electronically investigated companies are all zero or via Enforcement and Compliance’s Changes Since the Preliminary Determination de minimis, or determined entirely Antidumping and Countervailing Duty using facts otherwise available, section Centralized Electronic Service System Based on our analysis of the 705(c)(5)(A)(ii) of the Act instructs (ACCESS). ACCESS is available to comments received and our findings at Commerce to establish an ‘‘all-others’’ registered users at https:// verification, we made certain changes to rate using ‘‘any reasonable method.’’ access.trade.gov, and it is available to the subsidy rate calculations since the In this investigation, Commerce all parties in the Central Records Unit, Preliminary Determination. These calculated individual countervailable Room B–8024 of the main Department changes are discussed in the ‘‘Analysis subsidy rates for Habas and Icdas that of Commerce building. In addition, a of Programs’’ section of the Issues and are not zero, de minimis, or based complete version of the Issues and Decision Memorandum.7 entirely on facts otherwise available. Decision Memorandum can be accessed Final Affirmative Determination of Because we do not have publicly ranged directly at http://enforcement.trade.gov/ Critical Circumstances, in Part data from all company respondents with frn/index.html. The signed and which to calculate the all-others rate electronic versions of the Issues and In the Preliminary Determination, using a weighted-average of the Decision Memorandum are identical in Commerce found that critical individual estimated subsidy rates, content. circumstances exist with respect to Commerce calculated the all-others rate imports of wire rod from Turkey from Verification using a simple average of the individual all other exporters or producers not estimated subsidy rates calculated for Commerce conducted verification of individually examined.8 Following the the examined respondents. the questionnaire responses submitted Preliminary Determination, Habas did The final subsidy rates are as follows: by the Government of Turkey, Habas not provide requested information concerning its shipments through Subsidy rates 4 For discussion of these comments, see September 2017. As a result, we are Company (percent) Memorandum, ‘‘Carbon and Alloy Steel Wire Rod modifying our findings for this final from Belarus, Italy, the Republic of Korea, the Habas Sinai Ve Tibbi Gazlar Russian Federation, South Africa, Spain, the determination and relying, in part, on facts otherwise available with an Istih .................................... 3.86 Republic of Turkey, Ukraine, the United Arab Emirates, and the United Kingdom: Scope adverse inference in arriving at our Icdas Celik Eberji Tersane Comments Decision Memorandum for the conclusion that, in accordance with Ve Ulasim San .................. 3.81 Preliminary Determination’’ (Preliminary Scope All-Others .............................. 3.84 section 705(a)(2) of the Act that critical daltland on DSKBBV9HB2PROD with NOTICES Decision Memorandum), dated August 7, 2017. 5 For discussion of these comments, see 6 See sections 776(a) and (b) of the Act. Disclosure Memorandum, ‘‘Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the 7 See Issues and Decision Memorandum at VII; We intend to disclose the calculations Russian Federation, South Africa, Spain, the see also Department Memorandum, ‘‘Carbon and performed within five days of the date Republic of Turkey, Ukraine, the United Arab Alloy Steel Wire Rod from the Republic of Turkey: Emirates, and the United Kingdom: Final Scope Calculations for the Final Countervailing Duty of public announcement of our final Memorandum’’ (Final Scope Decision Determination,’’ dated March 19, 2018. determination, in accordance with 19 Memorandum), dated November 20, 2017. 8 See Preliminary Determination at 41930. CFR 351.224(b). VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\28MRN1.SGM 28MRN1

Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices 13241 Continuation of Suspension of threat of material injury, does not exist, Specifically excluded are steel products Liquidation this proceeding will be terminated and possessing the above-noted physical all estimated duties deposited or characteristics and meeting the Harmonized As a result of our Preliminary securities posted as a result of the Tariff Schedule of the United States (HTSUS) Determination, and pursuant to section suspension of liquidation will be definitions for (a) stainless steel; (b) tool 703(d) of the Act, we instructed U.S. refunded or canceled. steel; (c) high-nickel steel; (d) ball bearing Customs and Border Protection (CBP) to steel; or (e) concrete reinforcing bars and suspend liquidation of any entries of International Trade Commission rods. Also excluded are free cutting steel merchandise under consideration from Notification (also known as free machining steel) Turkey that were entered, or withdrawn In accordance with section 705(d) of products (i.e., products that contain by from warehouse, for consumption by weight one or more of the following the Act, we will notify the ITC of the Habas and all other producers or elements: 0.1 Percent or more of lead, 0.05 final affirmative countervailing duty exporters, other than Icdas, on or after percent or more of bismuth, 0.08 percent or determination. Because the final September 5, 2017, which is the more of sulfur, more than 0.04 percent of determination in this proceeding is publication date in the Federal Register phosphorous, more than 0.05 percent of affirmative, in accordance with section of the Preliminary Determination. In selenium, or more than 0.01 percent of 735(b)(2) of the Act, the ITC will make accordance with section 703(d) of the tellurium). All products meeting the physical its final determination as to whether the Act, we instructed CBP to discontinue description of subject merchandise that are domestic industry in the United States the suspension of liquidation for CVD not specifically excluded are included in this is materially injured, or threatened with purposes for subject merchandise scope. material injury, by reason of imports of entered, or withdrawn from warehouse, The products under investigation are wire rod from Turkey, no later than 45 on or after January 3, 2018, but to currently classifiable under subheadings days after our final determination. If the continue the suspension of liquidation 7213.91.3011, 7213.91.3015, 7213.91.3020, ITC determines that material injury or of all entries from September 5, 2017, 7213.91.3093, 7213.91.4500, 7213.91.6000, threat of material injury does not exist, through January 2, 2018. 7213.99.0030, 7227.20.0030, 7227.20.0080, the proceeding will be terminated and The Department continues to find that 7227.90.6010, 7227.90.6020, 7227.90.6030, all cash deposits will be refunded. If the critical circumstances exist for the all and 7227.90.6035 of the HTSUS. Products ITC determines that such injury does others companies and therefore we will entered under subheadings 7213.99.0090 and exist, Commerce will issue a instruct CBP to continue to suspend 7227.90.6090 of the HTSUS also may be countervailing duty order directing CBP liquidation of all entries of subject included in this scope if they meet the to assess, upon further instruction by merchandise from the all others physical description of subject merchandise Commerce, countervailing duties on all companies entered, or withdrawn from above. Although the HTSUS subheadings are imports of the subject merchandise warehouse, for consumption on or after provided for convenience and customs entered, or withdrawn from warehouse, June 7, 2017, which is 90 days prior to purposes, the written description of the for consumption on or after the effective the date of publication of the scope of this proceeding is dispositive. date of the suspension of liquidation. Preliminary Determination. CBP shall Appendix II continue to require a cash deposit equal Notification Regarding Administrative to the rates shown above. In addition, Protective Orders (APO) List of Topics Discussed in the Issues and because we have determined for this This notice serves as a reminder to Decision Memorandum final determination that critical parties subject to administrative I. Summary circumstances exist for Habas, and protective order (APO) of their II. Background section 705(c)(4) of the Act provides responsibility concerning the III. Scope of the Investigation that, given an affirmative determination disposition of proprietary information IV. Final Determination of Critical of critical circumstances, any disclosed under APO in accordance Circumstances suspension of liquidation shall apply to with 19 CFR 351.305(a)(3). Timely V. Subsidies Valuation unliquidated entries of merchandise notification of the return or destruction VI. Benchmarks and Discount Rates entered, or withdrawn from warehouse, of APO materials, or conversion to VII. Use of Facts Otherwise Available and for consumption on or after the date judicial protective order, is hereby Adverse Inferences which is 90 days before the date on requested. Failure to comply with the VIII. Analysis of Programs which the suspension of liquidation was regulations and the terms of an APO is IX. Analysis of Comments first ordered, we will also instruct CBP a sanctionable violation. Comment 1: Whether Commerce Should to suspend liquidation of all entries of This determination is issued and Adjust the Benchmark Prices for Natural subject merchandise from Habas published in accordance with sections Gas entered, or withdrawn from warehouse, 705(d) and 777(i) of the Act. Comment 2: Whether Commerce Should for consumption on or after June 7, Alter the Calculation of Habas’ Benefit Dated: March 19, 2018. 2017, which is 90 days before the date Under the Rediscounted Loan Program on which suspension of liquidation was Gary Taverman, Sales Denominator for Habas first ordered. These instructions Deputy Assistant Secretary for Antidumping Comment 3: Whether Commerce Should suspending liquidation will remain in and Countervailing Duty Operations, Countervail the Minimum Wage Support performing the non-exclusive functions and Program effect until further notice. duties of the Assistant Secretary for If the U.S. International Trade Comment 4: Whether Commerce Should Enforcement and Compliance. Commission (ITC) issues a final Adjust Icdas’ Sales Denominator daltland on DSKBBV9HB2PROD with NOTICES affirmative injury determination, we Appendix I X. Recommendation will issue a countervailing duty order Scope of the Investigation [FR Doc. 2018–06137 Filed 3–27–18; 8:45 am] and will require a cash deposit of The products covered by this investigation BILLING CODE 3510–DS–P estimated countervailing duties for are certain hot-rolled products of carbon steel entries of subject merchandise in the and alloy steel, in coils, of approximately amounts indicated above. If the ITC round cross section, less than 19.00 mm in determines that material injury, or actual solid cross-sectional diameter. VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 9990 E:\FR\FM\28MRN1.SGM 28MRN1


Document Created: 2018-11-01 08:55:42
Document Modified: 2018-11-01 08:55:42
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.
ContactJustin Neuman or Omar Qureshi, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0486 or (202) 482-5307, respectively.
FR Citation83 FR 13239 
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