83_FR_13302 83 FR 13242 - Countervailing Duty Investigation of Carbon and Alloy Steel Wire Rod From Italy: Final Affirmative Determination

83 FR 13242 - Countervailing Duty Investigation of Carbon and Alloy Steel Wire Rod From Italy: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13242-13244
FR Document2018-06133

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of carbon and alloy steel wire rod (wire rod) from Italy. The period of investigation is January 1, 2016, through December 31, 2016. For information on the estimated subsidy rates, see the ``Final Determination and Suspension of Liquidation'' section of this notice.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13242-13244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06133]



[[Page 13242]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-837]


Countervailing Duty Investigation of Carbon and Alloy Steel Wire 
Rod From Italy: Final Affirmative Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of carbon and alloy steel wire rod (wire rod) from Italy. The period of 
investigation is January 1, 2016, through December 31, 2016. For 
information on the estimated subsidy rates, see the ``Final 
Determination and Suspension of Liquidation'' section of this notice.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, 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) 482-3813.

SUPPLEMENTARY INFORMATION: 

Background

    On September 5, 2017, Commerce published the Preliminary 
Determination.\1\ 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.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 41931 
(September 5, 2017) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Carbon and Alloy Steel Wire Rod from Italy,'' dated concurrently 
with this determination and hereby adopted by this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    We invited parties to comment on Commerce's Preliminary Scope 
Memorandum.\3\ Commerce reviewed the briefs submitted by interested 
parties, considered the arguments therein, and determined not to make 
any changes to the scope of the investigation. For further discussion, 
see Commerce's Final Scope Decision Memorandum.\4\
---------------------------------------------------------------------------

    \3\ 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 Determinations,'' dated August 7, 2017, and 
filed to ACCESS on August 7, 2017.
    \4\ 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.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this countervailing duty (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 Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the parties, are discussed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice at Appendix II.

Verification

    As provided in section 782(i) of the Act, in January 2018, we 
conducted verification of the questionnaire responses submitted by 
Ferriere Nord S.p.A. and the Government of Italy.
    We issued verification reports on February 8, 2018.\5\ We used 
standard verification procedures, including an examination of relevant 
accounting and financial records, and original source documents 
provided by Ferriere Nord S.p.A.
---------------------------------------------------------------------------

    \5\ See Commerce Memoranda, ``Countervailing Duty Investigation: 
Carbon and Alloy Steel Wire Rod from Italy: Verification of the 
Questionnaire Responses of Ferriere Nord S.p.A., Acciaierie di 
Verona S.p.A. (AdV), SIAT S.p.A. (SIAT) and FIN FER S.p.A. (FIN 
FER),'' (Ferriere Nord Verification Report) and ``Countervailing 
Duty Investigation: Carbon and Alloy Steel Wire Rod from Italy: 
Verification of the Questionnaire Responses of the Government of 
Italy,'' (Government of Italy Verification Report), both dated 
February 8, 2018.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to the respondents' subsidy rate calculations since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum and the Final Calculation Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Countervailing Duty Investigation of 
Carbon and Alloy Steel Wire Rod from Italy: Ferriere Nord S.p.A. 
Final Calculation Memorandum,'' dated March 19, 2018.
---------------------------------------------------------------------------

Adverse Facts Available (AFA)

    For purposes of this final determination, we relied on facts 
available, and because mandatory respondent Ferriera Valsider S.p.A. 
(Ferriera Valsider) did not act to the best of its ability in 
responding to Commerce's requests for information, we drew an adverse 
inference, where appropriate, in selecting from among the facts 
otherwise available.\7\ The subsidy rate for Ferriera Valsider is based 
totally on adverse facts available (AFA). 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 Decisions Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated.
    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

[[Page 13243]]

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.''
    Pursuant to section 705(c)(5)(A)(i) of the Act, we have calculated 
the ``all-others'' rate using the subsidy rate of Ferriere Nord, the 
only mandatory respondent not receiving a subsidy rate based totally on 
section 776 of the Act. In this investigation, Commerce assigned a rate 
based entirely on facts available to Ferriera Valsider. Therefore, the 
only rate that is not zero, de minimis, or based entirely on facts 
otherwise available, is the rate calculated for Ferriere Nord. 
Consequently, and consistent with Commerce's practice, the rate 
calculated for Ferriere Nord is also assigned as the rate for all-other 
producers and exporters.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Ferriere Nord S.p.A. \8\................................            4.16
Ferriera Valsider S.p.A.................................           44.18
All-Others..............................................            4.16
------------------------------------------------------------------------

Disclosure

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

    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Ferriere Nord: FIN FER S.p.A.; Acciaierie di Verona S.p.A.; and SIAT 
S.p.A.
---------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, and 
pursuant to sections 703(d)(1)(B) and (2) of the Act, we instructed 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of merchandise under consideration from Italy that were entered 
or withdrawn from warehouse, for consumption, on or after September 5, 
2017, the date of publication of the Preliminary Determination in the 
Federal Register. In accordance with section 703(d) of the Act, 
effective January 3, 2018, we instructed CBP to discontinue the 
suspension of liquidation of all entries at that time, but to continue 
the suspension of liquidation of all entries from August 5, 2017, 
through January 2, 2018.
    If the U.S. International Trade Commission (the ITC) issues a final 
affirmative injury determination, we will issue a CVD order, will 
reinstate the suspension of liquidation under section 706(a) of the 
Act, and will require a cash deposit of estimated CVDs for such 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 our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders (APO)

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Return or Destruction of Proprietary Information

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination is issued and published pursuant to 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. Scope Comments
V. Subsidies Valuation Information
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 Countervail SIAT's Exemptions 
From General Electricity Network Costs

[[Page 13244]]

    Comment 2: Whether the Energy Interruptibility Contract Is a 
Countervailable Subsidy
    Comment 3: Whether the Purchase of Electricity Through 
Interconnectors Are Countervailable Subsidies
    Comment 4: Selection of Benchmark To Value Purchases of 
Electricity Through Interconnectors
    Comment 5: How To Calculate the Benefit for Electricity 
Purchased Through Interconnectors
    Comment 6: Whether Commerce Should Implement Verification 
Findings To Make Corrections to Ferriere Nord's Sales Denominator 
and the Numerator Used in the Interruptibility Contract Subsidy 
Calculation
    Comment 7: Whether Commerce Should Countervail the Provision of 
Electricity Interconnector Rights
    Comment 8: Whether Commerce Should Countervail Excise Tax 
Exemptions
    Comment 9: Whether Commerce Should Apply AFA to Ferriere 
Valsider
X. Recommendation

[FR Doc. 2018-06133 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               13242                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               DEPARTMENT OF COMMERCE                                  enforcement.trade.gov/frn/. The signed                    We issued verification reports on
                                                                                                       Issues and Decision Memorandum and                     February 8, 2018.5 We used standard
                                               International Trade Administration                      the electronic version are identical in                verification procedures, including an
                                               [C–475–837]                                             content.                                               examination of relevant accounting and
                                                                                                                                                              financial records, and original source
                                                                                                       Scope of the Investigation
                                               Countervailing Duty Investigation of                                                                           documents provided by Ferriere Nord
                                               Carbon and Alloy Steel Wire Rod From                      The product covered by this                          S.p.A.
                                               Italy: Final Affirmative Determination                  investigation is wire rod from Italy. For
                                                                                                                                                              Changes Since the Preliminary
                                                                                                       a complete description of the scope of
                                               AGENCY:  Enforcement and Compliance,                                                                           Determination
                                                                                                       this investigation, see Appendix I.
                                               International Trade Administration,                                                                              Based on our review and analysis of
                                               Department of Commerce.                                 Scope Comments                                         the comments received from parties,
                                               SUMMARY: The Department of Commerce                       We invited parties to comment on                     and minor corrections presented at
                                               (Commerce) determines that                              Commerce’s Preliminary Scope                           verification, we made certain changes to
                                               countervailable subsidies are being                     Memorandum.3 Commerce reviewed the                     the respondents’ subsidy rate
                                               provided to producers and exporters of                  briefs submitted by interested parties,                calculations since the Preliminary
                                               carbon and alloy steel wire rod (wire                   considered the arguments therein, and                  Determination. For a discussion of these
                                               rod) from Italy. The period of                          determined not to make any changes to                  changes, see the Issues and Decision
                                               investigation is January 1, 2016, through               the scope of the investigation. For                    Memorandum and the Final Calculation
                                               December 31, 2016. For information on                   further discussion, see Commerce’s                     Memorandum.6
                                               the estimated subsidy rates, see the                    Final Scope Decision Memorandum.4                      Adverse Facts Available (AFA)
                                               ‘‘Final Determination and Suspension of
                                               Liquidation’’ section of this notice.                   Methodology                                               For purposes of this final
                                                                                                         Commerce is conducting this                          determination, we relied on facts
                                               DATES: Applicable March 28, 2018.
                                                                                                                                                              available, and because mandatory
                                               FOR FURTHER INFORMATION CONTACT:                        countervailing duty (CVD) investigation
                                                                                                                                                              respondent Ferriera Valsider S.p.A.
                                               Yasmin Bordas, AD/CVD Operations,                       in accordance with section 701 of the
                                                                                                                                                              (Ferriera Valsider) did not act to the best
                                               Office VI, Enforcement and Compliance,                  Tariff Act of 1930, as amended (Act).
                                                                                                                                                              of its ability in responding to
                                               International Trade Administration,                     For each of the subsidy programs found
                                                                                                                                                              Commerce’s requests for information,
                                               U.S. Department of Commerce, 1401                       to be countervailable, we determine that
                                                                                                                                                              we drew an adverse inference, where
                                               Constitution Avenue NW, Washington,                     there is a subsidy (i.e., a financial
                                                                                                                                                              appropriate, in selecting from among the
                                               DC 20230; telephone (202) 482–3813.                     contribution by an ‘‘authority’’ that
                                                                                                                                                              facts otherwise available.7 The subsidy
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       gives rise to a benefit to the recipient)
                                                                                                                                                              rate for Ferriera Valsider is based totally
                                                                                                       and that the subsidy is specific. For a
                                                                                                                                                              on adverse facts available (AFA). A full
                                               Background                                              full description of the methodology
                                                                                                                                                              discussion of our decision to rely on
                                                  On September 5, 2017, Commerce                       underlying our final determination, see
                                                                                                                                                              adverse facts available is presented in
                                               published the Preliminary                               the Issues and Decisions Memorandum.
                                                                                                                                                              the ‘‘Use of Facts Otherwise Available
                                               Determination.1 A summary of the                        Analysis of Subsidy Programs and                       and Adverse Inferences’’ section of the
                                               events that occurred since Commerce                     Comments Received                                      Issues and Decisions Memorandum.
                                               published the Preliminary
                                               Determination, as well as a full                          The subsidy programs under                           Final Determination
                                               discussion of the issues raised by parties              investigation, and the issues raised in                  In accordance with section
                                               for this final determination, may be                    the case and rebuttal briefs submitted by              705(c)(1)(B)(i) of the Act, we calculated
                                               found in the Issues and Decision                        the parties, are discussed in the Issues               an individual rate for each producer/
                                               Memorandum, which is hereby adopted                     and Decision Memorandum. A list of                     exporter of the subject merchandise
                                               by this notice.2 The Issues and Decision                the issues that parties raised, and to                 individually investigated.
                                               Memorandum is a public document and                     which we responded in the Issues and                     In accordance with section
                                               is on file electronically via Enforcement               Decision Memorandum, is attached to                    705(c)(5)(A) of the Act, for companies
                                               and Compliance’s Antidumping and                        this notice at Appendix II.                            not individually investigated, we apply
                                               Countervailing Duty Centralized                         Verification                                           an ‘‘all-others’’ rate, which is normally
                                               Electronic Service System (ACCESS).                                                                            calculated by weighting the subsidy
                                               ACCESS is available to registered users                   As provided in section 782(i) of the                 rates of the individual companies
                                               at http://access.trade.gov, and is                      Act, in January 2018, we conducted                     selected as mandatory respondents by
                                               available to all parties in the Central                 verification of the questionnaire                      those companies’ exports of the subject
                                               Records Unit, Room B8024 of the main                    responses submitted by Ferriere Nord                   merchandise to the United States. Under
                                               Department of Commerce building. In                     S.p.A. and the Government of Italy.
                                                                                                                                                                 5 See Commerce Memoranda, ‘‘Countervailing
                                               addition, a complete version of the
                                                                                                         3 See Memorandum, ‘‘Carbon and Alloy Steel           Duty Investigation: Carbon and Alloy Steel Wire
                                               Issues and Decision Memorandum can                                                                             Rod from Italy: Verification of the Questionnaire
                                                                                                       Wire Rod from Belarus, Italy, the Republic of Korea,
                                               be accessed directly at http://                         the Russian Federation, South Africa, Spain, the       Responses of Ferriere Nord S.p.A., Acciaierie di
                                                                                                       Republic of Turkey, Ukraine, the United Arab           Verona S.p.A. (AdV), SIAT S.p.A. (SIAT) and FIN
                                                 1 See Carbon and Alloy Steel Wire Rod from Italy:     Emirates, and the United Kingdom: Scope                FER S.p.A. (FIN FER),’’ (Ferriere Nord Verification
                                               Preliminary Affirmative Countervailing Duty             Comments Decision Memorandum for the                   Report) and ‘‘Countervailing Duty Investigation:
daltland on DSKBBV9HB2PROD with NOTICES




                                               Determination, 82 FR 41931 (September 5, 2017)          Preliminary Determinations,’’ dated August 7, 2017,    Carbon and Alloy Steel Wire Rod from Italy:
                                               (Preliminary Determination).                            and filed to ACCESS on August 7, 2017.                 Verification of the Questionnaire Responses of the
                                                 2 See Memorandum, ‘‘Issues and Decision                 4 See Memorandum, ‘‘Carbon and Alloy Steel           Government of Italy,’’ (Government of Italy
                                               Memorandum for the Final Determination in the           Wire Rod from Belarus, Italy, the Republic of Korea,   Verification Report), both dated February 8, 2018.
                                                                                                                                                                 6 See Memorandum, ‘‘Countervailing Duty
                                               Countervailing Duty Investigation of Carbon and         the Russian Federation, South Africa, Spain, the
                                               Alloy Steel Wire Rod from Italy,’’ dated                Republic of Turkey, Ukraine, the United Arab           Investigation of Carbon and Alloy Steel Wire Rod
                                               concurrently with this determination and hereby         Emirates, and the United Kingdom: Final Scope          from Italy: Ferriere Nord S.p.A. Final Calculation
                                               adopted by this notice (Issues and Decision             Memorandum’’ (Final Scope Decision                     Memorandum,’’ dated March 19, 2018.
                                               Memorandum).                                            Memorandum), dated November 20, 2017.                     7 See sections 776(a) and (b) of the Act.




                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                                                                  Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                               13243

                                               section 705(c)(5)(A)(i) of the Act, the                       liquidation of all entries at that time, but          is hereby requested. Failure to comply
                                               ‘‘all-others’’ rate excludes zero and de                      to continue the suspension of                         with the regulations and terms of an
                                               minimis rates calculated for the                              liquidation of all entries from August 5,             APO is a violation subject to sanction.
                                               exporters and producers individually                          2017, through January 2, 2018.                           This determination is issued and
                                               investigated as well as rates based                              If the U.S. International Trade                    published pursuant to sections 705(d)
                                               entirely on facts otherwise available.                        Commission (the ITC) issues a final                   and 777(i) of the Act.
                                               Where the rates for the individually                          affirmative injury determination, we
                                                                                                                                                                     Dated: March 19, 2018.
                                               investigated companies are all zero or                        will issue a CVD order, will reinstate the
                                                                                                             suspension of liquidation under section               Gary Taverman,
                                               de minimis, or determined entirely
                                               using facts otherwise available, section                      706(a) of the Act, and will require a cash            Deputy Assistant Secretary for Antidumping
                                                                                                             deposit of estimated CVDs for such                    and Countervailing Duty Operations,
                                               705(c)(5)(A)(ii) of the Act instructs
                                                                                                                                                                   performing the non-exclusive functions and
                                               Commerce to establish an ‘‘all-others’’                       entries of subject merchandise in the
                                                                                                                                                                   duties of the Assistant Secretary for
                                               rate using ‘‘any reasonable method.’’                         amounts indicated above. If the ITC                   Enforcement and Compliance.
                                                  Pursuant to section 705(c)(5)(A)(i) of                     determines that material injury, or
                                               the Act, we have calculated the ‘‘all-                        threat of material injury, does not exist,            Appendix I
                                               others’’ rate using the subsidy rate of                       this proceeding will be terminated and                Scope of the Investigation
                                               Ferriere Nord, the only mandatory                             all estimated duties deposited or
                                                                                                                                                                      The products covered by this investigation
                                               respondent not receiving a subsidy rate                       securities posted as a result of the                  are certain hot-rolled products of carbon steel
                                               based totally on section 776 of the Act.                      suspension of liquidation will be                     and alloy steel, in coils, of approximately
                                               In this investigation, Commerce                               refunded or canceled.                                 round cross section, less than 19.00 mm in
                                               assigned a rate based entirely on facts                                                                             actual solid cross-sectional diameter.
                                               available to Ferriera Valsider. Therefore,                International Trade Commission
                                                                                                                                                                   Specifically excluded are steel products
                                               the only rate that is not zero, de                        Notification                                              possessing the above-noted physical
                                               minimis, or based entirely on facts                         In accordance with section 705(d) of                    characteristics and meeting the Harmonized
                                               otherwise available, is the rate                          the Act, we will notify the ITC of our                    Tariff Schedule of the United States (HTSUS)
                                               calculated for Ferriere Nord.                             determination. In addition, we are                        definitions for (a) stainless steel; (b) tool
                                                                                                         making available to the ITC all non-                      steel; (c) high-nickel steel; (d) ball bearing
                                               Consequently, and consistent with
                                                                                                         privileged and non-proprietary                            steel; or (e) concrete reinforcing bars and
                                               Commerce’s practice, the rate calculated                                                                            rods. Also excluded are free cutting steel
                                               for Ferriere Nord is also assigned as the                 information related to this investigation.                (also known as free machining steel)
                                               rate for all-other producers and                          We will allow the ITC access to all                       products (i.e., products that contain by
                                               exporters.                                                privileged and business proprietary                       weight one or more of the following
                                                                                                         information in our files, provided the                    elements: 0.1 percent or more of lead, 0.05
                                                            Company                        Subsidy rate  ITC confirms that it will not disclose                    percent or more of bismuth, 0.08 percent or
                                                                                            (percent)    such information, either publicly or                      more of sulfur, more than 0.04 percent of
                                                                                                         under an administrative protective order                  phosphorous, more than 0.05 percent of
                                               Ferriere Nord S.p.A. 8 ...........                   4.16                                                           selenium, or more than 0.01 percent of
                                               Ferriera Valsider S.p.A. ........                  44.18 (APO), without the written consent of                      tellurium). All products meeting the physical
                                               All-Others ..............................            4.16 the Assistant Secretary for Enforcement                   description of subject merchandise that are
                                                                                                         and Compliance.                                           not specifically excluded are included in this
                                               Disclosure                                                    Notification Regarding Administrative                 scope.
                                                                                                             Protective Orders (APO)                                  The products under investigation are
                                                 We intend to disclose to parties in
                                                                                                                                                                   currently classifiable under subheadings
                                               this proceeding the calculations                                 In the event the ITC issues a final                7213.91.3011, 7213.91.3015, 7213.91.3020,
                                               performed for this final determination                        negative injury determination, this                   7213.91.3093, 7213.91.4500, 7213.91.6000,
                                               within five days of the date of public                        notice serves as the only reminder to                 7213.99.0030, 7227.20.0030, 7227.20.0080,
                                               announcement of our final                                     parties subject to an APO of their                    7227.90.6010, 7227.90.6020, 7227.90.6030,
                                               determination, in accordance with 19                          responsibility concerning the                         and 7227.90.6035 of the HTSUS. Products
                                               CFR 351.224(b).                                               destruction of proprietary information                entered under subheadings 7213.99.0090 and
                                                                                                             disclosed under APO in accordance                     7227.90.6090 of the HTSUS also may be
                                               Suspension of Liquidation                                                                                           included in this scope if they meet the
                                                                                                             with 19 CFR 351.305(a)(3). Timely                     physical description of subject merchandise
                                                  As a result of our affirmative                             written notification of the return or
                                               Preliminary Determination, and                                                                                      above. Although the HTSUS subheadings are
                                                                                                             destruction of APO materials or                       provided for convenience and customs
                                               pursuant to sections 703(d)(1)(B) and (2)                     conversion to judicial protective order,              purposes, the written description of the
                                               of the Act, we instructed U.S. Customs                        is hereby requested. Failure to comply                scope of this proceeding is dispositive.
                                               and Border Protection (CBP) to suspend                        with the regulations and the terms of an
                                               liquidation of all entries of merchandise                                                                           Appendix II
                                                                                                             APO is a sanctionable violation.
                                               under consideration from Italy that were                                                                            List of Topics Discussed in the Issues and
                                               entered or withdrawn from warehouse,                          Return or Destruction of Proprietary                  Decision Memorandum
                                               for consumption, on or after September                        Information
                                                                                                                                                                   I. Summary
                                               5, 2017, the date of publication of the                         In the event the ITC issues a final                 II. Background
                                               Preliminary Determination in the                              negative injury determination, this                   III. Scope of the Investigation
                                               Federal Register. In accordance with                          notice serves as the only reminder to                 IV. Scope Comments
                                               section 703(d) of the Act, effective                          parties subject to an APO of their                    V. Subsidies Valuation Information
daltland on DSKBBV9HB2PROD with NOTICES




                                               January 3, 2018, we instructed CBP to                         responsibility concerning the                         VI. Benchmarks and Discount Rates
                                               discontinue the suspension of                                 destruction of proprietary information                VII. Use of Facts Otherwise Available and
                                                                                                                                                                         Adverse Inferences
                                                                                                             disclosed under APO in accordance                     VIII. Analysis of Programs
                                                 8 As discussed in the Preliminary Decision
                                                                                                             with 19 CFR 351.305(a)(3). Timely                     IX. Analysis of Comments
                                               Memorandum, Commerce has found the following
                                               companies to be cross-owned with Ferriere Nord:
                                                                                                             written notification of the return or                    Comment 1: Whether Commerce Should
                                               FIN FER S.p.A.; Acciaierie di Verona S.p.A.; and              destruction of APO materials, or                            Countervail SIAT’s Exemptions From
                                               SIAT S.p.A.                                                   conversion to judicial protective order,                    General Electricity Network Costs



                                          VerDate Sep<11>2014       20:30 Mar 27, 2018     Jkt 244001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                               13244                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                                 Comment 2: Whether the Energy                         on September 11, 2017.1 On January 9,                  Scope Comments
                                                   Interruptibility Contract Is a                      2018, Commerce postponed the
                                                   Countervailable Subsidy                             preliminary determination of this                        In accordance with the preamble to
                                                 Comment 3: Whether the Purchase of                                                                           Commerce’s regulations,5 the Initiation
                                                   Electricity Through Interconnectors Are             investigation.2 Commerce has exercised
                                                                                                       its discretion to toll deadlines for the               Notice set aside a period of time for
                                                   Countervailable Subsidies                                                                                  parties to raise issues regarding product
                                                 Comment 4: Selection of Benchmark To                  duration of the closure of the Federal
                                                                                                                                                              coverage (scope).6 No interested party
                                                   Value Purchases of Electricity Through              Government from January 20 through
                                                   Interconnectors                                                                                            commented on the scope of the
                                                                                                       22, 2018.3 If the new deadline falls on
                                                 Comment 5: How To Calculate the Benefit                                                                      investigation as it appeared in the
                                                                                                       a non-business day, in accordance with
                                                   for Electricity Purchased Through                                                                          Initiation Notice. Commerce is not
                                                   Interconnectors
                                                                                                       Commerce’s practice, the deadline will                 preliminarily modifying the scope
                                                 Comment 6: Whether Commerce Should                    become the next business day. The                      language as it appeared in the Initiation
                                                   Implement Verification Findings To                  revised deadline for the preliminary                   Notice. See the scope in Appendix I to
                                                   Make Corrections to Ferriere Nord’s                 determination of this investigation is                 this notice.
                                                   Sales Denominator and the Numerator                 now March 19, 2018.
                                                   Used in the Interruptibility Contract                                                                      Methodology
                                                   Subsidy Calculation                                    For a complete description of the
                                                 Comment 7: Whether Commerce Should                    events that followed the initiation of                   Commerce is conducting this
                                                   Countervail the Provision of Electricity            this investigation, see the Preliminary                investigation in accordance with section
                                                   Interconnector Rights                               Decision Memorandum.4 A list of topics                 731 of the Act. Pursuant to section
                                                 Comment 8: Whether Commerce Should                    included in the Preliminary Decision                   776(a) and (b) of the Act, Commerce
                                                   Countervail Excise Tax Exemptions                   Memorandum is included as Appendix
                                                 Comment 9: Whether Commerce Should
                                                                                                                                                              preliminarily has relied upon facts
                                                   Apply AFA to Ferriere Valsider
                                                                                                       II to this notice. The Preliminary                     otherwise available, with adverse
                                               X. Recommendation                                       Decision Memorandum is a public                        inferences, for mandatory respondent,
                                               [FR Doc. 2018–06133 Filed 3–27–18; 8:45 am]
                                                                                                       document and is on file electronically                 Shanxi Guanjiaying Flange Forging
                                                                                                       via Enforcement and Compliance’s                       Group Co., Ltd (GJY). Hydro-Fluids
                                               BILLING CODE 3510–DS–P
                                                                                                       Antidumping and Countervailing Duty                    Controls Limited (HFC), Songhai Flange
                                                                                                       Centralized Electronic Service System                  Manufacturing Co., Ltd (Songhai), and
                                               DEPARTMENT OF COMMERCE                                  (ACCESS). ACCESS is available to                       Dongtai QB Stainless Steel Co., Ltd
                                                                                                       registered users at https://                           (Dongtai) were also selected as
                                               International Trade Administration                      access.trade.gov, and to all parties in the            mandatory respondents, however, these
                                                                                                       Central Records Unit, room B8024 of the                companies withdrew from participation
                                               [A–570–064]                                             main Department of Commerce                            in this investigation and did not
                                                                                                       building. In addition, a complete                      respond to our requests for information.
                                               Stainless Steel Flanges From People’s                   version of the Preliminary Decision                    Therefore, HFC, Songhai, and Dongtai
                                               Republic of China: Preliminary                          Memorandum can be accessed directly                    have not demonstrated their eligibility
                                               Affirmative Determination of Sales at                   at http://enforcement.trade.gov/frn/.                  for a separate rate and Commerce
                                               Less Than Fair Value                                    The signed and the electronic versions                 considers them to be part of the China-
                                                                                                       of the Preliminary Decision                            wide entity. For a full description of the
                                               AGENCY:   Enforcement and Compliance,                                                                          methodology underlying Commerce’s
                                               International Trade Administration,                     Memorandum are identical in content.
                                                                                                                                                              preliminary determination, see the
                                               Department of Commerce.                                 Scope of the Investigation                             Preliminary Decision Memorandum.
                                               SUMMARY: The Department of Commerce
                                               (Commerce) preliminarily determines                        The products covered by this                        Combination Rates
                                               that stainless steel flanges from People’s              investigation are stainless steel flanges
                                                                                                                                                                 In the Initiation Notice,7 Commerce
                                               Republic of China (China) are being, or                 from China. For a complete description
                                                                                                                                                              stated that it would calculate producer/
                                               are likely to be, sold in the United States             of the scope of this investigation see
                                                                                                                                                              exporter combination rates for the
                                               at less than fair value (LTFV) during the               Appendix I to this notice.
                                                                                                                                                              respondents that are eligible for a
                                               period of investigation (POI) January 1,
                                                                                                                                                              separate rate in this investigation. Policy
                                               2017, through June 30, 2017.                               1 See Stainless Steel Flanges from India and the

                                                                                                       People’s Republic of China: Initiation of Less-Than-
                                                                                                                                                              Bulletin 05.1 describes this practice.8
                                               DATES: Applicable March 28, 2018.                                                                              Because Commerce used total facts
                                                                                                       Fair-Value Investigations, 82 FR 42649 (September
                                               FOR FURTHER INFORMATION CONTACT:                        11, 2017) (Initiation Notice).                         otherwise available with adverse
                                               Trenton Duncan or Carrie Bethea, AD/                       2 See Stainless Steel Flanges from India and the
                                                                                                                                                              inferences in determining the rate for
                                               CVD Operations, Office V, Enforcement                   People’s Republic of China: Postponement of            the only respondent that demonstrated
                                                                                                       Preliminary Determinations in the Less-Than-Fair-
                                               and Compliance, International Trade                     Value Investigations, 83 FR 1025 (January 9, 2018).    eligibility for a separate rate in this
                                               Administration, U.S. Department of                         3 See Memorandum, for The Record from               investigation, GJY, Commerce did not
                                               Commerce, 1401 Constitution Avenue                      Christian Marsh, Deputy Assistant Secretary for        calculate producer/exporter
                                               NW, Washington, DC 20230; telephone:                    Enforcement and Compliance, performing the non-        combination rates for that company.
                                               (202) 482–3539 or (202) 482–1491,                       exclusive functions and duties of the Assistant
                                                                                                       Secretary for Enforcement and Compliance,
                                               respectively.                                           ‘‘Deadlines Affected by the Shutdown of the              5 See Antidumping Duties; Countervailing Duties,

                                                                                                       Federal Government,’’ (Tolling Memorandum),            62 FR 27296, 27323 (May 19, 1997).
                                               SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                6 See Initiation Notice.
                                                                                                       dated January 23, 2018. All deadlines in this
                                               Background                                              segment of the proceeding have been extended by          7 See Initiation Notice at 42652–53.

                                                                                                       3 days.                                                  8 See Enforcement and Compliance’s Policy
                                                  This preliminary determination is                       4 See Memorandum, ‘‘Decision Memorandum for         Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                               made in accordance with section 733(b)                  the Preliminary Determination in the Less-Than-        Practice and Application of Combination Rates in
                                               of the Tariff Act of 1930, as amended                   Fair-Value Investigation of Stainless Steel Flanges    Antidumping Investigations involving Non-Market
                                                                                                       from People’s Republic of China,’’ dated               Economy Countries,’’ (April 5, 2005) (Policy
                                               (the Act). Commerce published the                       concurrently with, and hereby adopted by, this         Bulletin 05.1), available on Commerce’s website at
                                               notice of initiation of this investigation              notice (Preliminary Decision Memorandum).              http://enforcement.trade.gov/policy/bull05-1.pdf.



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1



Document Created: 2018-11-01 08:55:45
Document Modified: 2018-11-01 08:55:45
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.
ContactYasmin Bordas, 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) 482-3813.
FR Citation83 FR 13242 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR