83_FR_13309 83 FR 13249 - Carbon and Alloy Steel Wire Rod From Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

83 FR 13249 - Carbon and Alloy Steel Wire Rod From Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13249-13251
FR Document2018-06136

The Department of Commerce (Commerce) determines that carbon and alloy steel wire rod (wire rod) from Turkey is being, or is likely to be, sold in the United States at less than fair value during the period of investigation (POI) is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13249-13251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06136]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-831]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that carbon 
and alloy steel wire rod (wire rod) from Turkey is being, or is likely 
to be, sold in the United States at less than fair value during the 
period of investigation (POI) is January 1, 2016, through December 31, 
2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Ian Hamilton, 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) 482-5260 and (202) 482-4798, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination in the Federal Register.\1\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, and 
Preliminary Negative Determination of Critical Circumstances, 82 FR 
50377 (October 31, 2017) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    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 Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Carbon and Alloy Steel Wire Rod from Turkey,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers wire rod from 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 scope of the 
investigation as it appeared in the Initiation Notice.\4\
---------------------------------------------------------------------------

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

    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.
---------------------------------------------------------------------------

    \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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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

[[Page 13250]]

Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, Room B-8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) in November 2017 and February 2018, we conducted 
verification of the sales and cost information submitted by Habas Sinai 
ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji 
Tersane ve Ulasim Sanayi A.S. (Icdas) for use in our final 
determination. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by Habas and Icdas.\6\
---------------------------------------------------------------------------

    \6\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Antidumping Duty Investigation of 
Certain Carbon and Alloy Steel Wire Rod from Turkey: Verification of 
Habas Sinai Ve Tibbi Gazlar Istih,'' dated February 14, 2018; 
Memorandum, ``Verification of Icdas Celik Enerji Tersane ve Ulasim 
A.S., in the Antidumping Duty Investigation of Certain Carbon and 
Alloy Steel Wire Rod from Turkey,'' dated February 14, 2018; 
Memorandum, ``Verification of Habas Sinai Ve Tibbi Gazlar Istih, in 
the Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Wire Rod from Turkey,'' dated February 12, 2018; Memorandum, 
``Verification of Icdas Celik Enerji Tersane ve Ulasim A.S., in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Wire Rod from Turkey,'' dated February 12, 2018.
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Changes Since the Preliminary Determination

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

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Therefore, for purposes of determining the ``all-others'' rate 
and pursuant to section 735(c)(5)(A) of the Act, we are using the 
dumping margins calculated for Habas and Icdas, as referenced in the 
``Final Determination'' section below.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Habas and Icdas that are not zero, de 
minimis or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a simple average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents.\7\
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    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). For a complete analysis of the data, please see 
the All-Others' Rate Calculation Memorandum, dated concurrently with 
this notice.
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Final Negative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances do not exist with respect to imports of wire rod from 
Habas, Icdas, and all-other exporters/producers covered by the ``all 
others'' rate.\8\ We did not modify our critical circumstances findings 
for the final determination. Thus, pursuant to section 735(a)(3) of the 
Act, and 19 CFR 351.206(h)(1)-(2), we continue to find that critical 
circumstances do not exist with respect to subject merchandise produced 
or exported by Habas, Icdas, and ``all others.''
---------------------------------------------------------------------------

    \8\ See Preliminary Determination, 82 FR at 50377, and 
accompanying Preliminary Decision Memorandum, at 18-21.
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Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Weighted-     Cash deposit
                                              average      rate adjusted
          Exporter/manufacturer               dumping       for subsidy
                                              margins         offset
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal                4.74            0.87
 Endustrisi.............................
Icdas Celik Enerji Tersane ve Ulasim                7.94            4.15
 Sanayi A.S.............................
All Others..............................            6.34            2.51
------------------------------------------------------------------------

Disclosure

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

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of wire rod from Turkey, 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after October 31, 2017, 
the date of publication of the preliminary determination of this 
investigation in the Federal Register.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce made an affirmative 
determination for countervailable export subsidies, Commerce offset the 
estimated weighted-average dumping margin by the appropriate CVD rate. 
The adjusted cash deposit rate may be found in the Final Determination 
section above.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown above.

[[Page 13251]]

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of wire rod from 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 an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

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

Appendix I

Scope of the Investigation

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

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Scope Comments
VI. Margin Calculations
VII. Discussion of the Issues
    General
    1. Whether Respondents' Duty Drawback Adjustment Should Be 
Granted as Reported and How To Calculate Any Adjustment
    Habas
    2. Whether Habas' U.S. Date of Sale Is Contract Date or Invoice 
Date
    3. Whether Habas' Zero-Interest Loans Reflect Commercial Reality
    4. Whether Habas' Home Market Credit Expenses Should Be 
Recalculated To Reflect the Period From Shipment to Payment
    5. Whether To Recalculate Habas' Billet Cost To Account for 
Yield Loss
    6. Whether Habas' Broken Billets Should Be Valued at Scrap 
Prices
    Icdas
    7. Whether Icdas' U.S. Date of Sale Is Contract Date or Invoice 
Date
    8. Whether the Application of Partial Adverse Facts Available 
(AFA) Is Warranted for Icdas' Reporting of U.S. Sales
    9. Whether Commerce Should Calculate a Domestic Inland Freight 
Adjustment for Icdas' U.S. Sales
    10. Whether Commerce Should Disregard Icdas' Reported Cost of 
Inland Freight Charged by Third Party Providers in Its Home Market 
Sales Database Home Market Freight Expenses
    11. Whether Commerce Should Include an Offset for Rental Income 
From Icdas Electrik in Calculating Icdas' G&A Rate Ministerial Error 
in the Cost Test for OTS
    12. Whether Commerce Should Accept a Correction of a Clerical 
Error in the By-Product Adjustment Rate Financial Expense Ratio
    13. Whether Commerce Should Grant Icdas' Request To Correct 
Manufacturer Identification Codes
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Recommendation

[FR Doc. 2018-06136 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                   13249

                                                  The scope includes six general types of                2. Test of Comparison Market Sales Prices           summary of the events that occurred
                                               flanges. They are: (1) Weld neck, generally               3. Results of the COP Test                          since Commerce published the
                                               used in butt-weld line connection; (2)                    D. Calculation of NV Based on Comparison            Preliminary Determination, as well as a
                                               threaded, generally used for threaded line                   Market Prices                                    full discussion of the issues raised by
                                               connections; (3) slip-on, generally used to             XIII. Critical Circumstances
                                               slide over pipe; (4) lap joint, generally used          XIV. Currency Conversion
                                                                                                                                                             parties for this final determination, may
                                               with stub-ends/butt-weld line connections;              XV. Conclusion                                        be found in the Issues and Decision
                                               (5) socket weld, generally used to fit pipe                                                                   Memorandum, which is hereby adopted
                                                                                                       [FR Doc. 2018–06152 Filed 3–27–18; 8:45 am]           by this notice.3
                                               into a machine recession; and (6) blind,
                                               generally used to seal off a line. The sizes            BILLING CODE 3510–DS–P
                                               and descriptions of the flanges within the                                                                    Scope of the Investigation
                                               scope include all pressure classes of ASME                                                                      The scope of the investigation covers
                                               B16.5 and range from one-half inch to                   DEPARTMENT OF COMMERCE                                wire rod from Turkey. For a complete
                                               twenty-four inches nominal pipe size.                                                                         description of the scope of the
                                               Specifically excluded from the scope of this            International Trade Administration                    investigation, see Appendix I.
                                               investigation are cast stainless steel flanges.
                                                                                                       [A–489–831]
                                               Cast stainless steel flanges generally are                                                                    Scope Comments
                                               manufactured to specification ASTM A351.
                                                  The country of origin for certain forged             Carbon and Alloy Steel Wire Rod From                     During the course of this
                                               stainless steel flanges, whether unfinished,            Turkey: Final Determination of Sales at               investigation, Commerce received
                                               semi-finished, or finished is the country               Less Than Fair Value and Final                        numerous scope comments from
                                               where the flange was forged. Subject                    Negative Determination of Critical                    interested parties. Prior to the
                                               merchandise includes stainless steel flanges            Circumstances                                         Preliminary Determination, Commerce
                                               as defined above that have been further                                                                       issued a Preliminary Scope Decision
                                               processed in a third country. The processing            AGENCY:   Enforcement and Compliance,                 Memorandum to address these
                                               includes, but is not limited to, boring, facing,        International Trade Administration,                   comments and made no changes to the
                                               spot facing, drilling, tapering, threading,             Department of Commerce.                               scope of the investigation as it appeared
                                               beveling, heating, or compressing, and/or any
                                                                                                       SUMMARY: The Department of Commerce                   in the Initiation Notice.4
                                               other processing that would not otherwise
                                               remove the merchandise from the scope of                (Commerce) determines that carbon and                    In September 2017, we received scope
                                               the investigation if performed in the country           alloy steel wire rod (wire rod) from                  case and rebuttal briefs. On November
                                               of manufacture of the stainless steel flanges.          Turkey is being, or is likely to be, sold             20, 2017, we issued the Final Scope
                                                  Merchandise subject to the investigation is          in the United States at less than fair                Decision Memorandum in response to
                                               typically imported under headings                       value during the period of investigation              the comments received.5 We did not
                                               7307.21.1000 and 7307.21.5000 of the                    (POI) is January 1, 2016, through                     change the scope of this investigation.
                                               Harmonized Tariff Schedule of the United                December 31, 2016.
                                               States (HTSUS). While HTSUS subheadings                                                                       Analysis of Comments Received
                                               and ASTM specifications are provided for                DATES: Applicable March 28, 2018.
                                                                                                                                                               All issues raised in the case and
                                               convenience and customs purposes, the                   FOR FURTHER INFORMATION CONTACT:                      rebuttal briefs by parties in this
                                               written description of the scope is                     Ryan Mullen or Ian Hamilton, AD/CVD
                                               dispositive.
                                                                                                                                                             investigation are addressed in the Issues
                                                                                                       Operations, Office V, Enforcement and                 and Decision Memorandum. A list of
                                                                                                       Compliance, International Trade                       the issues raised is attached to this
                                               Appendix II                                             Administration, U.S. Department of                    notice as Appendix II. The Issues and
                                                                                                       Commerce, 1401 Constitution Avenue                    Decision Memorandum is a public
                                               List of Topics Discussed in the Preliminary
                                               Decision Memorandum                                     NW, Washington, DC 20230; telephone:                  document and is on file electronically
                                                                                                       (202) 482–5260 and (202) 482–4798,                    via Enforcement and Compliance’s
                                               I. Summary
                                               II. Background
                                                                                                       respectively.                                         Antidumping and Countervailing Duty
                                               III. Period of Investigation                            SUPPLEMENTARY INFORMATION:
                                               IV. Scope Comments                                                                                            exclusive functions and duties of the Assistant
                                               V. Selection of Voluntary Respondent                    Background                                            Secretary for Enforcement and Compliance,
                                               VI. Affiliation and Collapsing                                                                                ‘‘Deadlines Affected by the Shutdown of the
                                                                                                          On October 31, 2017, Commerce                      Federal Government’’, dated January 23, 2018. All
                                                  A. Bebitz/Viraj Single Entity
                                                                                                       published the Preliminary                             deadlines in this segment of the proceeding have
                                                  B. Echjay Single Entity
                                               VII. Application of Facts Available and Use             Determination in the Federal Register.1               been extended by 3 days.
                                                                                                                                                                3 See Memorandum, ‘‘Issues and Decision
                                                     of Adverse Inference                                 Commerce exercised its discretion to
                                                                                                                                                             Memorandum for the Final Affirmative
                                                  A. Application of Facts Available to                 toll all deadlines affected by the closure            Determination in the Less-Than-Fair-Value
                                                     Bebitz/Viraj Single Entity                        of the Federal Government from January                Investigation of Carbon and Alloy Steel Wire Rod
                                                  B. Application of Facts Available to Echjay          20 through 22, 2018. If the new deadline              from Turkey,’’ dated concurrently with, and hereby
                                                     Single Entity                                     falls on a non-business day, in                       adopted by, this notice (Issues and Decision
                                                  C. Selection and Corroboration of the AFA                                                                  Memorandum).
                                                                                                       accordance with Commerce’s practice,                     4 For discussion of these comments, see
                                                     Rate                                              the deadline will become the next
                                               VIII. Discussion of the Methodology                                                                           Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
                                                  A. Determination of the Comparison                   business day. The revised deadline for                from Belarus, Italy, the Republic of Korea, the
                                                                                                       the final determination of this                       Russian Federation, South Africa, Spain, the
                                                     Method                                                                                                  Republic of Turkey, Ukraine, the United Arab
                                                  B. Results of the Differential Pricing               investigation is now March 19, 2018.2 A               Emirates, and the United Kingdom: Scope
                                                     Analysis                                                                                                Comments Decision Memorandum for the
                                                                                                         1 See Carbon and Alloy Steel Wire Rod from
                                               IX. Date of Sale                                                                                              Preliminary Determination’’ (Preliminary Scope
daltland on DSKBBV9HB2PROD with NOTICES




                                               X. Product Comparisons                                  Turkey: Preliminary Affirmative Determination of      Decision Memorandum), dated August 7, 2017.
                                               XI. Export Price and Constructed Export                 Sales at Less Than Fair Value, and Preliminary           5 For discussion of these comments, see
                                                                                                       Negative Determination of Critical Circumstances,     Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
                                                     Price                                             82 FR 50377 (October 31, 2017) (Preliminary           from Belarus, Italy, the Republic of Korea, the
                                               XII. Normal Value                                       Determination) and accompanying Preliminary           Russian Federation, South Africa, Spain, the
                                                  A. Home Market Viability                             Decision Memorandum.                                  Republic of Turkey, Ukraine, the United Arab
                                                  B. Level of Trade                                      2 See Memorandum for The Record from                Emirates, and the United Kingdom: Final Scope
                                                  C. Cost of Production (COP) Analysis                 Christian Marsh, Deputy Assistant Secretary for       Memorandum’’ (Final Scope Decision
                                                  1. Calculation of COP                                Enforcement and Compliance, performing the non-       Memorandum), dated November 20, 2017.



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                                               13250                                  Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               Centralized Electronic Service System                                       Changes Since the Preliminary                                                entirely on facts otherwise available.
                                               (ACCESS). ACCESS is available to                                            Determination                                                                Commerce calculated the all-others rate
                                               registered users at https://                                                  Based on our analysis of the                                               using a simple average of the estimated
                                               access.trade.gov, and it is available to                                    comments received and our findings at                                        weighted-average dumping margins
                                               all parties in the Central Records Unit,                                    verification, we made certain changes to                                     calculated for the examined
                                               Room B–8024 of the main Department                                          the margin calculations for Habas and                                        respondents.7
                                               of Commerce building. In addition, a                                        Icdas. For a discussion of these changes,
                                               complete version of the Issues and                                                                                                                       Final Negative Determination of
                                                                                                                           see the ‘‘Margin Calculations’’ section of
                                               Decision Memorandum can be accessed                                         the Issues and Decision Memorandum.                                          Critical Circumstances
                                               directly at http://enforcement.trade.gov/
                                                                                                                           All-Others Rate                                                                For the Preliminary Determination,
                                               frn/index.html. The signed and
                                               electronic versions of the Issues and                                                                                                                    Commerce found that critical
                                                                                                                             Section 735(c)(5)(A) of the Act
                                               Decision Memorandum are identical in                                        provides that the estimated all-others                                       circumstances do not exist with respect
                                               content.                                                                    rate shall be an amount equal to the                                         to imports of wire rod from Habas,
                                                                                                                           weighted average of the estimated                                            Icdas, and all-other exporters/producers
                                               Verification                                                                                                                                             covered by the ‘‘all others’’ rate.8 We
                                                                                                                           weighted-average dumping margins
                                                  As provided in section 782(i) of the                                     established for exporters and producers                                      did not modify our critical
                                               Tariff Act of 1930, as amended, (the Act)                                   individually investigated excluding any                                      circumstances findings for the final
                                               in November 2017 and February 2018,                                         zero or de minimis margins, and                                              determination. Thus, pursuant to
                                               we conducted verification of the sales                                      margins determined entirely under                                            section 735(a)(3) of the Act, and 19 CFR
                                               and cost information submitted by                                           section 776 of the Act. Therefore, for                                       351.206(h)(1)–(2), we continue to find
                                               Habas Sinai ve Tibbi Gazlar Istihsal                                        purposes of determining the ‘‘all-others’’                                   that critical circumstances do not exist
                                               Endustrisi A.S. (Habas) and Icdas Celik                                     rate and pursuant to section 735(c)(5)(A)                                    with respect to subject merchandise
                                               Enerji Tersane ve Ulasim Sanayi A.S.                                        of the Act, we are using the dumping                                         produced or exported by Habas, Icdas,
                                               (Icdas) for use in our final                                                margins calculated for Habas and Icdas,                                      and ‘‘all others.’’
                                               determination. We used standard                                             as referenced in the ‘‘Final
                                               verification procedures, including an                                       Determination’’ section below.                                               Final Determination
                                               examination of relevant accounting and                                        In this investigation, Commerce
                                                                                                                                                                                                         The final weighted-average dumping
                                               production records, and original source                                     calculated estimated weighted-average
                                                                                                                                                                                                        margins are as follows:
                                               documents provided by Habas and                                             dumping margins for Habas and Icdas
                                               Icdas.6                                                                     that are not zero, de minimis or based

                                                                                                                                                                                                                              Weighted-      Cash deposit
                                                                                                                                                                                                                               average       rate adjusted
                                                                                                                   Exporter/manufacturer                                                                                      dumping         for subsidy
                                                                                                                                                                                                                               margins           offset

                                               Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi ......................................................................................................                                4.74               0.87
                                               Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. .................................................................................................                                    7.94               4.15
                                               All Others .................................................................................................................................................................          6.34               2.51



                                               Disclosure                                                                  wire rod from Turkey, as described in                                        made an affirmative determination for
                                                 We will disclose the calculations                                         Appendix I of this notice, which were                                        countervailable export subsidies,
                                               performed within five days of the date                                      entered, or withdrawn from warehouse,                                        Commerce offset the estimated
                                               of public announcement of this notice to                                    for consumption on or after October 31,                                      weighted-average dumping margin by
                                               parties in this proceeding in accordance                                    2017, the date of publication of the                                         the appropriate CVD rate. The adjusted
                                               with 19 CFR 351.224(b).                                                     preliminary determination of this                                            cash deposit rate may be found in the
                                                                                                                           investigation in the Federal Register.                                       Final Determination section above.
                                               Continuation of Suspension of                                                  Commerce normally adjusts cash
                                               Liquidation                                                                                                                                                Further, Commerce will instruct CBP
                                                                                                                           deposits for estimated antidumping                                           to require a cash deposit equal to the
                                                  In accordance with section                                               duties by the amount of export subsidies                                     estimated amount by which the normal
                                               735(c)(1)(B) of the Act, Commerce will                                      countervailed in a companion                                                 value exceeds the U.S. price as shown
                                               instruct U.S. Customs and Border                                            countervailing duty (CVD) proceeding,                                        above.
                                               Protection (CBP) to continue to suspend                                     when CVD provisional measures are in
                                               liquidation of all appropriate entries of                                   effect. Accordingly, where Commerce
                                                  6 For discussion of our verification findings, see                       Antidumping Duty Investigation of Certain Carbon                             then compares (B) and (C) to (A) and selects the rate
                                               the following memoranda: Memorandum,                                        and Alloy Steel Wire Rod from Turkey,’’ dated                                closest to (A) as the most appropriate rate for all
                                               ‘‘Antidumping Duty Investigation of Certain Carbon                          February 12, 2018.                                                           other producers and exporters. See Ball Bearings
                                               and Alloy Steel Wire Rod from Turkey: Verification                            7 With two respondents under examination,                                  and Parts Thereof from France, Germany, Italy,
                                               of Habas Sinai Ve Tibbi Gazlar Istih,’’ dated                               Commerce normally calculates (A) a weighted                                  Japan, and the United Kingdom: Final Results of
                                               February 14, 2018; Memorandum, ‘‘Verification of                                                                                                         Antidumping Duty Administrative Reviews, Final
                                                                                                                           average of the estimated weighted-average dumping
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                                               Icdas Celik Enerji Tersane ve Ulasim A.S., in the
                                                                                                                           margins calculated for the examined respondents;                             Results of Changed-Circumstances Review, and
                                               Antidumping Duty Investigation of Certain Carbon
                                                                                                                           (B) a simple average of the estimated weighted-                              Revocation of an Order in Part, 75 FR 53661, 53663
                                               and Alloy Steel Wire Rod from Turkey,’’ dated
                                               February 14, 2018; Memorandum, ‘‘Verification of                            average dumping margins calculated for the                                   (September 1, 2010). For a complete analysis of the
                                               Habas Sinai Ve Tibbi Gazlar Istih, in the                                   examined respondents; and (C) a weighted average                             data, please see the All-Others’ Rate Calculation
                                               Antidumping Duty Investigation of Certain Carbon                            of the estimated weighted-average dumping margins                            Memorandum, dated concurrently with this notice.
                                               and Alloy Steel Wire Rod from Turkey,’’ dated                               calculated for the examined respondents using each                             8 See Preliminary Determination, 82 FR at 50377,

                                               February 12, 2018; Memorandum, ‘‘Verification of                            company’s publicly-ranged U.S. sale quantities for                           and accompanying Preliminary Decision
                                               Icdas Celik Enerji Tersane ve Ulasim A.S., in the                           the merchandise under consideration. Commerce                                Memorandum, at 18–21.



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                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                   13251

                                               International Trade Commission (ITC)                    (also known as free machining steel)                    12. Whether Commerce Should Accept a
                                               Notification                                            products (i.e., products that contain by                   Correction of a Clerical Error in the By-
                                                                                                       weight one or more of the following                        Product Adjustment Rate Financial
                                                  In accordance with section 735(d) of                 elements: 0.1 percent or more of lead, 0.05                Expense Ratio
                                               the Act, we will notify the ITC of the                  percent or more of bismuth, 0.08 percent or             13. Whether Commerce Should Grant
                                               final affirmative determination of sales                more of sulfur, more than 0.04 percent of                  Icdas’ Request To Correct Manufacturer
                                               at LTFV. Because the final                              phosphorous, more than 0.05 percent of                     Identification Codes
                                               determination in this proceeding is                     selenium, or more than 0.01 percent of                VIII. Adjustment to Cash Deposit Rate for
                                               affirmative, in accordance with section                 tellurium). All products meeting the physical              Export Subsidies
                                                                                                       description of subject merchandise that are           IX. Recommendation
                                               735(b)(2) of the Act, the ITC will make
                                                                                                       not specifically excluded are included in this
                                               its final determination as to whether the               scope.                                                [FR Doc. 2018–06136 Filed 3–27–18; 8:45 am]
                                               domestic industry in the United States                     The products under investigation are               BILLING CODE 3510–DS–P
                                               is materially injured, or threatened with               currently classifiable under subheadings
                                               material injury, by reason of imports of                7213.91.3011, 7213.91.3015, 7213.91.3020,
                                               wire rod from Turkey no later than 45                   7213.91.3093; 7213.91.4500, 7213.91.6000,             DEPARTMENT OF COMMERCE
                                               days after our final determination. If the              7213.99.0030, 7227.20.0030, 7227.20.0080,
                                               ITC determines that material injury or                  7227.90.6010, 7227.90.6020, 7227.90.6030,             International Trade Administration
                                                                                                       and 7227.90.6035 of the HTSUS. Products
                                               threat of material injury does not exist,
                                                                                                       entered under subheadings 7213.99.0090 and            [C–533–868]
                                               the proceeding will be terminated and                   7227.90.6090 of the HTSUS also may be
                                               all cash deposits will be refunded. If the              included in this scope if they meet the               Welded Stainless Pressure Pipe From
                                               ITC determines that such injury does                    physical description of subject merchandise           India: Rescission of Countervailing
                                               exist, Commerce will issue an                           above. Although the HTSUS subheadings are
                                                                                                                                                             Duty Administrative Review; 2016
                                               antidumping duty order directing CBP                    provided for convenience and customs
                                               to assess, upon further instruction by                  purposes, the written description of the              AGENCY:  Enforcement and Compliance,
                                               Commerce, antidumping duties on all                     scope of this proceeding is dispositive.              International Trade Administrative,
                                               imports of the subject merchandise                                                                            Department of Commerce.
                                               entered, or withdrawn from warehouse,                   Appendix II
                                                                                                                                                             SUMMARY: The Department of Commerce
                                               for consumption on or after the effective               List of Topics Discussed in the Issues and            (Commerce) is rescinding the
                                               date of the suspension of liquidation.                  Decision Memorandum                                   administrative review of the
                                               Notification Regarding Administrative                   I. Summary                                            countervailing duty order on welded
                                               Protective Orders (APO)                                 II. Background                                        stainless pressure pipe (WSPP) from
                                                                                                       III. Critical Circumstances                           India covering the period March 11,
                                                  This notice serves as a reminder to                  IV. Scope of the Investigation                        2016, through December 31, 2016.
                                               parties subject to APO of their                         V. Scope Comments
                                               responsibility concerning the                                                                                 DATES: Applicable March 28, 2018.
                                                                                                       VI. Margin Calculations
                                               disposition of proprietary information                  VII. Discussion of the Issues                         FOR FURTHER INFORMATION CONTACT:
                                               disclosed under APO in accordance                          General                                            Keith A. Haynes or Laurel LaCivita at
                                               with 19 CFR 351.305(a)(3). Timely                          1. Whether Respondents’ Duty Drawback              AD/CVD Operations, Office III,
                                               notification of the return or destruction                     Adjustment Should Be Granted as                 Enforcement & Compliance,
                                                                                                             Reported and How To Calculate Any               International Trade Administration,
                                               of APO materials, or conversion to
                                                                                                             Adjustment
                                               judicial protective order, is hereby                                                                          Department of Commerce, 1401
                                                                                                          Habas
                                               requested. Failure to comply with the                      2. Whether Habas’ U.S. Date of Sale Is             Constitution Avenue NW, Washington,
                                               regulations and the terms of an APO is                        Contract Date or Invoice Date                   DC 20230; telephone: (202) 482–5139 or
                                               a sanctionable violation.                                  3. Whether Habas’ Zero-Interest Loans              (202) 482–4243, respectively.
                                                  This determination and this notice are                     Reflect Commercial Reality                      SUPPLEMENTARY INFORMATION:
                                               issued and published pursuant to                           4. Whether Habas’ Home Market Credit
                                               sections 735(d) and 777(i)(1) of the Act.                     Expenses Should Be Recalculated To              Background
                                                                                                             Reflect the Period From Shipment to                On January 11, 2018, based on a
                                                 Dated: March 19, 2018.                                      Payment
                                               Gary Taverman,                                             5. Whether To Recalculate Habas’ Billet            timely request by Sunrise Stainless
                                               Deputy Assistant Secretary for Antidumping                    Cost To Account for Yield Loss                  Private Limited, Sun Mark Stainless Pvt.
                                               and Countervailing Duty Operations,                        6. Whether Habas’ Broken Billets Should            Ltd., and Shah Foils Ltd. (collectively,
                                               performing the non-exclusive functions and                    Be Valued at Scrap Prices                       Sunrise Group), and Hindustan Inox
                                               duties of the Assistant Secretary for                      Icdas                                              Ltd., Commerce published in the
                                               Enforcement and Compliance.                                7. Whether Icdas’ U.S. Date of Sale Is             Federal Register a notice of initiation of
                                                                                                             Contract Date or Invoice Date                   an administrative review of the
                                               Appendix I                                                 8. Whether the Application of Partial              countervailing duty order on WSPP
                                                                                                             Adverse Facts Available (AFA) Is
                                               Scope of the Investigation                                    Warranted for Icdas’ Reporting of U.S.          from India with respect to two
                                                 The products covered by this investigation                  Sales                                           companies, Sunrise Group and
                                               are certain hot-rolled products of carbon steel            9. Whether Commerce Should Calculate a             Hindustan Inox Ltd.1 On January 19,
                                               and alloy steel, in coils, of approximately                   Domestic Inland Freight Adjustment for          2018, and February 3, 2018, pursuant to
                                               round cross section, less than 19.00 mm in                    Icdas’ U.S. Sales                               19 CFR 351.213(d)(1), Sunrise Group
                                               actual solid cross-sectional diameter.                     10. Whether Commerce Should Disregard              and Hindustan Inox Ltd., respectively,
daltland on DSKBBV9HB2PROD with NOTICES




                                               Specifically excluded are steel products                      Icdas’ Reported Cost of Inland Freight          timely withdrew their requests for an
                                               possessing the above-noted physical                           Charged by Third Party Providers in Its
                                               characteristics and meeting the Harmonized                    Home Market Sales Database Home                   1 See Initiation of Antidumping and
                                               Tariff Schedule of the United States (HTSUS)                  Market Freight Expenses
                                                                                                                                                             Countervailing Duty Administrative Reviews, 83 FR
                                               definitions for (a) stainless steel; (b) tool              11. Whether Commerce Should Include an             1329 (January 11, 2018); see also amendment to the
                                               steel; (c) high-nickel steel; (d) ball bearing                Offset for Rental Income From Icdas             initiation published in Initiation of Antidumping
                                               steel; or (e) concrete reinforcing bars and                   Electrik in Calculating Icdas’ G&A Rate         and Countervailing Duty Administrative Reviews,
                                               rods. Also excluded are free cutting steel                    Ministerial Error in the Cost Test for OTS      83 FR 11685 (March 16, 2018).



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Document Created: 2018-11-01 08:56:25
Document Modified: 2018-11-01 08:56:25
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.
ContactRyan Mullen or Ian Hamilton, 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) 482-5260 and (202) 482-4798, respectively.
FR Citation83 FR 13249 

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