83_FR_13312 83 FR 13252 - Carbon and Alloy Steel Wire Rod From the United Kingdom: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

83 FR 13252 - Carbon and Alloy Steel Wire Rod From the United Kingdom: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range13252-13254
FR Document2018-06144

The Department of Commerce (Commerce) determines that carbon and alloy steel wire rod (wire rod) from the United Kingdom is being, or is likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances exist with respect to imports of the subject merchandise. The period of investigation 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 13252-13254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06144]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-826]


Carbon and Alloy Steel Wire Rod From the United Kingdom: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative 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 the United Kingdom is being, 
or is likely to be, sold in the United States at less than fair value 
(LTFV). In addition, we determine that critical circumstances exist 
with respect to imports of the subject merchandise. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4682.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of wire rod from the United Kingdom.\1\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the United Kingdom: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Preliminary Affirmative Determination of Critical 
Circumstances, 82 FR 50394 (October 31, 2017) (Preliminary 
Determination).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 the United 
Kingdom,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers wire rod from the United 
Kingdom. 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.

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

[[Page 13253]]

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

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and it is available to all parties in the Central Records Unit, room B-
8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Verification

    British Steel Limited (British Steel) informed Commerce prior to 
verification that it was withdrawing from participation as a mandatory 
respondent in this investigation.\6\ Accordingly, Commerce was unable 
to conduct verification under section 782(i)(1) of the Act. Moreover, 
Commerce determines that British Steel, by refusing to allow Commerce 
to verify its questionnaire responses, did not cooperate to the best of 
its ability in this investigation.
---------------------------------------------------------------------------

    \6\ See British Steel's Letter, ``Carbon and Certain Alloy Steel 
Wire Rod from the United Kingdom: British Steel's Withdrawal from 
Participation as a Mandatory Respondent in the Antidumping 
Investigation,'' dated November 1, 2017 (British Steel Withdrawal 
Letter).
---------------------------------------------------------------------------

Adverse Facts Available

    In the Preliminary Determination, because mandatory respondent 
Longs Steel UK Limited (Longs Steel) failed to respond to Commerce's 
questionnaire, we applied adverse facts available (AFA) to this 
respondent, in accordance with sections 776(a) and (b) of the Act and 
19 CFR 351.308.
    Commerce received no comments regarding its preliminary application 
of an AFA dumping margin to Longs Steel. For the final determination, 
Commerce has not altered its analysis or its decision to apply AFA to 
Longs Steel.
    Additionally, due to British Steel's withdrawal from participation 
in this investigation prior to verification, we determine that British 
Steel's data cannot serve as a reliable basis for reaching a 
determination in this investigation because that data could not be 
verified. We further determine that British Steel significantly impeded 
the investigation and did not act to the best of its ability to comply 
with our requests for information. Therefore, we also find it 
appropriate to apply an AFA dumping margin to British Steel. For 
further discussion, see 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. Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely under section 776 of the Act, Commerce may use any 
reasonable method to establish the estimated dumping margin for all 
other producers or exporters. This includes averaging the weighted-
average dumping margins for the individually investigated respondents.
    As noted above, British Steel and Longs Steel are the sole 
mandatory respondents in this proceeding, and the margins for both 
companies are determined entirely under section 776 of the Act. 
Consequently, consistent with section 735(c)(5)(B) of the Act, we are 
using the margin determined for British Steel and Longs Steel as the 
``all-others'' rate. This rate is 147.63 percent.

Final Affirmative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances exist with respect to imports of wire rod from British 
Steel, Longs Steel, and companies covered by the ``all others'' 
rate.\7\ We made no changes to our critical circumstances preliminary 
determination. For further discussion, see the Issues and Decision 
Memorandum at ``Critical Circumstances.'' Thus, pursuant to section 
735(a)(3) of the Act, and 19 CFR 351.206, we find that critical 
circumstances exist with respect to subject merchandise produced or 
exported by British Steel, Longs Steel, and ``all others.''
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 23-24.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
British Steel Limited...................................          147.63
Longs Steel UK Limited..................................          147.63
All-Others..............................................          147.63
------------------------------------------------------------------------

Disclosure

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

Continuation of Suspension of Liquidation

    For entries made by British Steel, Longs Steel, and companies 
covered by the ``all others'' rate, in accordance with section 
735(c)(4)(B) of the Act, because we continue to find that critical 
circumstances exist, we will instruct CBP to continue to suspend 
liquidation of all appropriate entries of wire rod from the United 
Kingdom which were entered, or withdrawn from warehouse, for 
consumption on or after August 2, 2017, which is 90 days prior to the 
date of publication of the preliminary determination of this 
investigation in the Federal Register.
    Commerce will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section

[[Page 13254]]

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 the United Kingdom, 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 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination 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. Application of Facts Available and Use of Adverse Inference
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of the Issues
    Comment 1: Determination of Critical Circumstances for British 
Steel
VIII. Recommendation

[FR Doc. 2018-06144 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               13252                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               administrative review.2 No other party                  Administrative Protective Orders                      SUPPLEMENTARY INFORMATION:
                                               requested a review of this order.                         This notice also serves as the only                 Background
                                                  Commerce exercised its discretion to                 reminder to parties subject to
                                                                                                                                                                On October 31, 2017, Commerce
                                               toll all deadlines affected by the closure              administrative protective order (APO) of
                                                                                                                                                             published the Preliminary
                                               of the Federal Government from January                  their responsibility concerning the
                                                                                                                                                             Determination of sales at LTFV of wire
                                               20 through 22, 2018. If the new deadline                return or destruction of proprietary
                                                                                                                                                             rod from the United Kingdom.1
                                               falls on a non-business day, in                         information disclosed under APO, in                      Commerce exercised its discretion to
                                               accordance with Commerce’s practice,                    accordance with 19 CFR 351.305, which                 toll all deadlines affected by the closure
                                               the deadline will become the next                       continues to govern business                          of the Federal Government from January
                                               business day.3                                          proprietary information in this segment               20 through 22, 2018. If the new deadline
                                                                                                       of the proceeding. Timely written                     falls on a non-business day, in
                                               Rescission of Administrative Review
                                                                                                       notification of the return or destruction             accordance with Commerce’s practice,
                                                  Pursuant to 19 CFR 351.213(d)(1),                    of APO materials, or conversion to                    the deadline will become the next
                                               Commerce will rescind an                                judicial protective order, is hereby                  business day. The revised deadline for
                                               administrative review, in whole or in                   requested. Failure to comply with the                 the final determination of this
                                               part, if the party that requested the                   regulations and terms of an APO is a                  investigation is now March 19, 2018.2 A
                                               review withdraws the request within 90                  violation which is subject to sanction.               summary of the events that occurred
                                               days of the date of publication of the                  Notification to Interested Parties                    since Commerce published the
                                               notice of initiation of the requested                                                                         Preliminary Determination, as well as a
                                               review. Sunrise Group and Hindustan                       This notice is issued and published in              full discussion of the issues raised by
                                               Inox Ltd. withdrew their respective                     accordance with sections 751(a)(1) and                parties for this final determination, may
                                               review requests by the 90-day deadline,                 777(i)(1) of the Tariff Act of 1930, as               be found in the Issues and Decision
                                               and no other parties requested an                       amended, and 19 CFR 351.213(d)(4).                    Memorandum, which is hereby adopted
                                               administrative review of this order.                      Dated: March 22, 2018.                              by this notice.3
                                               Therefore, we are rescinding the                        James Maeder,
                                                                                                                                                             Scope of the Investigation
                                               administrative review of the                            Associate Deputy Assistant Secretary for
                                               countervailing duty order on WSPP                       Antidumping and Countervailing Duty                     The scope of the investigation covers
                                               from India covering the period March                    Operations performing the duties of Deputy            wire rod from the United Kingdom. For
                                               11, 2016, to December 31, 2016, in its                  Assistant Secretary for Antidumping and               a complete description of the scope of
                                               entirety.                                               Countervailing Duty Operations.                       the investigation, see Appendix I.
                                                                                                       [FR Doc. 2018–06150 Filed 3–27–18; 8:45 am]
                                               Assessment                                                                                                    Scope Comments
                                                                                                       BILLING CODE 3510–DS–P
                                                                                                                                                                During the course of this
                                                  Commerce will instruct U.S. Customs                                                                        investigation, Commerce received
                                               and Border Protection (CBP) to assess                                                                         numerous scope comments from
                                                                                                       DEPARTMENT OF COMMERCE
                                               countervailing duties on all appropriate                                                                      interested parties. Prior to the
                                               entries. Because Commerce is                            International Trade Administration                    Preliminary Determination, Commerce
                                               rescinding this administrative review in                                                                      issued a Preliminary Scope Decision
                                               its entirety, the entries to which this                 [A–412–826]
                                                                                                                                                             Memorandum to address these
                                               administrative review pertains shall be                                                                       comments and made no changes to the
                                                                                                       Carbon and Alloy Steel Wire Rod From
                                               assessed countervailing duties that are                                                                       scope of the investigation as it appeared
                                                                                                       the United Kingdom: Final Affirmative
                                               equal to the cash deposits of estimated                                                                       in the Initiation Notice.4
                                                                                                       Determination of Sales at Less Than
                                               countervailing duties required at the
                                                                                                       Fair Value and Final Affirmative
                                               time of entry, or withdrawal from                                                                                1 See Carbon and Alloy Steel Wire Rod from the
                                                                                                       Determination of Critical
                                               warehouse, for consumption, in                                                                                United Kingdom: Preliminary Affirmative
                                                                                                       Circumstances                                         Determination of Sales at Less Than Fair Value and
                                               accordance with 19 CFR
                                                                                                                                                             Preliminary Affirmative Determination of Critical
                                               351.212(c)(1)(i). Commerce intends to                   AGENCY:   Enforcement and Compliance,                 Circumstances, 82 FR 50394 (October 31, 2017)
                                               issue appropriate assessment                            International Trade Administration,                   (Preliminary Determination).
                                               instructions to CBP within 15 days after                Department of Commerce                                   2 See Memorandum for The Record from

                                               the publication of this notice in the                                                                         Christian Marsh, Deputy Assistant Secretary for
                                                                                                       SUMMARY: The Department of Commerce
                                                                                                                                                             Enforcement and Compliance, performing the non-
                                               Federal Register.                                       (Commerce) determines that carbon and                 exclusive functions and duties of the Assistant
                                                                                                       alloy steel wire rod (wire rod) from the              Secretary for Enforcement and Compliance,
                                                  2 See Sunrise Group’s Letter, ‘‘Welded Stainless
                                                                                                       United Kingdom is being, or is likely to              ‘‘Deadlines Affected by the Shutdown of the
                                               Pressure Pipe from India from India: Withdrawal of                                                            Federal Government’’, dated January 23, 2018. All
                                                                                                       be, sold in the United States at less than            deadlines in this segment of the proceeding have
                                               Request for Administrative Review of
                                               Countervailing Duty of Sunrise Stainless Private        fair value (LTFV). In addition, we                    been extended by 3 days.
                                               Limited, Sun Mark Stainless Pvt. Ltd., and Shah         determine that critical circumstances                    3 See Memorandum, ‘‘Issues and Decision

                                               Foils Ltd.,’’ dated January 19, 2018; see also          exist with respect to imports of the                  Memorandum for the Final Affirmative
                                               Hindustan Inox Ltd.’s Letter, ‘‘Welded Stainless        subject merchandise. The period of                    Determination in the Less-Than-Fair-Value
                                               Pressure Pipe from India: Withdrawal of Request for                                                           Investigation of Carbon and Alloy Steel Wire Rod
                                               Administrative Review of Countervailing Duty of         investigation is January 1, 2016, through             from the United Kingdom,’’ dated concurrently
                                               Hindustan Inox Ltd.,’’ dated February 3, 2018.          December 31, 2016.                                    with, and hereby adopted by, this notice (Issues and
                                                  3 See Memorandum for The Record from
                                                                                                       DATES: Applicable March 28, 2018.                     Decision Memorandum).
daltland on DSKBBV9HB2PROD with NOTICES




                                               Christian Marsh, Deputy Assistant Secretary for                                                                  4 For discussion of these comments, see
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               Enforcement and Compliance, performing the non-                                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod
                                               exclusive functions and duties of the Assistant         Alice Maldonado, AD/CVD Operations,                   from Belarus, Italy, the Republic of Korea, the
                                               Secretary for Enforcement and Compliance,               Office II, Enforcement and Compliance,                Russian Federation, South Africa, Spain, the
                                               ‘‘Deadlines Affected by the Shutdown of the             International Trade Administration,                   Republic of Turkey, Ukraine, the United Arab
                                               Federal Government’’ (Tolling Memorandum),                                                                    Emirates, and the United Kingdom: Scope
                                               dated January 23, 2018. All deadlines in this
                                                                                                       U.S. Department of Commerce, 1401                     Comments Decision Memorandum for the
                                               segment of the proceeding have been extended by         Constitution Avenue NW, Washington,                   Preliminary Determination’’ (Preliminary Scope
                                               3 days.                                                 DC 20230; telephone: (202) 482–4682.                  Decision Memorandum), dated August 7, 2017.



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00031   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                                                            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                                        13253

                                                 In September 2017, we received scope                    Commerce received no comments                       the ‘‘all others’’ rate.7 We made no
                                               case and rebuttal briefs. On November                   regarding its preliminary application of              changes to our critical circumstances
                                               20, 2017, we issued the Final Scope                     an AFA dumping margin to Longs Steel.                 preliminary determination. For further
                                               Decision Memorandum in response to                      For the final determination, Commerce                 discussion, see the Issues and Decision
                                               the comments received.5 We did not                      has not altered its analysis or its                   Memorandum at ‘‘Critical
                                               change the scope of this investigation.                 decision to apply AFA to Longs Steel.                 Circumstances.’’ Thus, pursuant to
                                                                                                                                                             section 735(a)(3) of the Act, and 19 CFR
                                               Analysis of Comments Received                             Additionally, due to British Steel’s                351.206, we find that critical
                                                  All issues raised in the case and                    withdrawal from participation in this                 circumstances exist with respect to
                                               rebuttal briefs by parties in this                      investigation prior to verification, we               subject merchandise produced or
                                               investigation are addressed in the Issues               determine that British Steel’s data                   exported by British Steel, Longs Steel,
                                               and Decision Memorandum. A list of                      cannot serve as a reliable basis for                  and ‘‘all others.’’
                                               the issues raised is attached to this                   reaching a determination in this
                                               notice as Appendix II. The Issues and                   investigation because that data could                 Final Determination
                                               Decision Memorandum is a public                         not be verified. We further determine                   Commerce determines that the
                                               document and is on file electronically                  that British Steel significantly impeded              following estimated weighted-average
                                               via Enforcement and Compliance’s                        the investigation and did not act to the              dumping margins exist:
                                               Antidumping and Countervailing Duty                     best of its ability to comply with our
                                               Centralized Electronic Service System                   requests for information. Therefore, we                                                           Estimated
                                               (ACCESS). ACCESS is available to                                                                                                                          weighted-
                                                                                                       also find it appropriate to apply an AFA                                                           average
                                               registered users at https://                                                                                          Exporter/producer
                                                                                                       dumping margin to British Steel. For                                                              dumping
                                               access.trade.gov, and it is available to                further discussion, see the Issues and                                                             margin
                                               all parties in the Central Records Unit,                Decision Memorandum.
                                                                                                                                                                                                         (percent)
                                               room B–8024 of the main Department of
                                               Commerce building. In addition, a                       All-Others Rate                                       British Steel Limited ..............             147.63
                                                                                                                                                             Longs Steel UK Limited ........                  147.63
                                               complete version of the Issues and                                                                            All-Others ..............................        147.63
                                               Decision Memorandum can be accessed                       Section 735(c)(5)(A) of the Act
                                               directly at http://enforcement.trade.gov/               provides that the estimated all-others
                                                                                                       rate shall be an amount equal to the                  Disclosure
                                               frn/index.html. The signed and
                                               electronic versions of the Issues and                   weighted average of the estimated                       We will disclose the calculations
                                               Decision Memorandum are identical in                    weighted-average dumping margins                      performed within five days of the date
                                               content.                                                established for exporters and producers               of publication of this notice to parties in
                                                                                                       individually investigated excluding any               this proceeding in accordance with 19
                                               Verification                                                                                                  CFR 351.224(b).
                                                                                                       zero or de minimis margins, and
                                                 British Steel Limited (British Steel)                 margins determined entirely under                     Continuation of Suspension of
                                               informed Commerce prior to verification                 section 776 of the Act. Pursuant to                   Liquidation
                                               that it was withdrawing from                            section 735(c)(5)(B) of the Act, if the
                                               participation as a mandatory respondent                                                                          For entries made by British Steel,
                                                                                                       estimated weighted-average dumping
                                               in this investigation.6 Accordingly,                                                                          Longs Steel, and companies covered by
                                                                                                       margins established for all exporters and             the ‘‘all others’’ rate, in accordance with
                                               Commerce was unable to conduct                          producers individually examined are
                                               verification under section 782(i)(1) of                                                                       section 735(c)(4)(B) of the Act, because
                                                                                                       zero, de minimis or determined based                  we continue to find that critical
                                               the Act. Moreover, Commerce
                                                                                                       entirely under section 776 of the Act,                circumstances exist, we will instruct
                                               determines that British Steel, by
                                                                                                       Commerce may use any reasonable                       CBP to continue to suspend liquidation
                                               refusing to allow Commerce to verify its
                                               questionnaire responses, did not                        method to establish the estimated                     of all appropriate entries of wire rod
                                               cooperate to the best of its ability in this            dumping margin for all other producers                from the United Kingdom which were
                                               investigation.                                          or exporters. This includes averaging                 entered, or withdrawn from warehouse,
                                                                                                       the weighted-average dumping margins                  for consumption on or after August 2,
                                               Adverse Facts Available                                 for the individually investigated                     2017, which is 90 days prior to the date
                                                 In the Preliminary Determination,                     respondents.                                          of publication of the preliminary
                                               because mandatory respondent Longs                        As noted above, British Steel and                   determination of this investigation in
                                               Steel UK Limited (Longs Steel) failed to                Longs Steel are the sole mandatory                    the Federal Register.
                                               respond to Commerce’s questionnaire,                    respondents in this proceeding, and the                  Commerce will instruct CBP to
                                               we applied adverse facts available                                                                            require a cash deposit equal to the
                                                                                                       margins for both companies are
                                               (AFA) to this respondent, in accordance                                                                       estimated amount by which the normal
                                                                                                       determined entirely under section 776
                                               with sections 776(a) and (b) of the Act                                                                       value exceeds the U.S. price as shown
                                                                                                       of the Act. Consequently, consistent                  above.
                                               and 19 CFR 351.308.
                                                                                                       with section 735(c)(5)(B) of the Act, we
                                                 5 For discussion of these comments, see               are using the margin determined for                   International Trade Commission (ITC)
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           British Steel and Longs Steel as the ‘‘all-           Notification
                                               from Belarus, Italy, the Republic of Korea, the         others’’ rate. This rate is 147.63 percent.              In accordance with section 735(d) of
                                               Russian Federation, South Africa, Spain, the
                                                                                                                                                             the Act, we will notify the ITC of the
                                               Republic of Turkey, Ukraine, the United Arab            Final Affirmative Determination of
                                                                                                                                                             final affirmative determination of sales
daltland on DSKBBV9HB2PROD with NOTICES




                                               Emirates, and the United Kingdom: Final Scope
                                                                                                       Critical Circumstances
                                               Memorandum’’ (Final Scope Decision                                                                            at LTFV. Because the final
                                               Memorandum), dated November 20, 2017.                                                                         determination in this proceeding is
                                                 6 See British Steel’s Letter, ‘‘Carbon and Certain      For the Preliminary Determination,
                                               Alloy Steel Wire Rod from the United Kingdom:           Commerce found that critical                          affirmative, in accordance with section
                                               British Steel’s Withdrawal from Participation as a      circumstances exist with respect to
                                               Mandatory Respondent in the Antidumping                                                                          7 See Preliminary Determination, and

                                               Investigation,’’ dated November 1, 2017 (British
                                                                                                       imports of wire rod from British Steel,               accompanying Preliminary Decision Memorandum,
                                               Steel Withdrawal Letter).                               Longs Steel, and companies covered by                 at 23–24.



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00032   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM    28MRN1


                                               13254                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               735(b)(2) of the Act, the ITC will make                 selenium, or more than 0.01 percent of                Background
                                               its final determination as to whether the               tellurium). All products meeting the physical
                                                                                                       description of subject merchandise that are              On October 4, 2017, Commerce
                                               domestic industry in the United States                                                                        published in the Federal Register a
                                                                                                       not specifically excluded are included in this
                                               is materially injured, or threatened with                                                                     notice of opportunity to request an
                                                                                                       scope.
                                               material injury, by reason of imports of                   The products under investigation are               administrative review of the
                                               wire rod from the United Kingdom, no                    currently classifiable under subheadings              antidumping duty order on electrolytic
                                               later than 45 days after our final                      7213.91.3011, 7213.91.3015, 7213.91.3020,             manganese dioxide from China for the
                                               determination. If the ITC determines                    7213.91.3093, 7213.91.4500, 7213.91.6000,             POR October 1, 2016, through
                                               that material injury or threat of material              7213.99.0030, 7227.20.0030, 7227.20.0080,             September 30, 2017.1 On October 31,
                                               injury does not exist, the proceeding                   7227.90.6010, 7227.90.6020, 7227.90.6030,
                                                                                                       and 7227.90.6035 of the HTSUS. Products
                                                                                                                                                             2017, in accordance with section 751(a)
                                               will be terminated and all cash deposits                                                                      of the Tariff Act of 1930, as amended
                                                                                                       entered under subheadings 7213.99.0090 and
                                               will be refunded. If the ITC determines                                                                       (the Act), and 19 CFR 351.213(b),
                                                                                                       7227.90.6090 of the HTSUS also may be
                                               that such injury does exist, Commerce                   included in this scope if they meet the               Duracell, Inc. (the petitioner), requested
                                               will issue an antidumping duty order                    physical description of subject merchandise           a review of the order with respect to
                                               directing CBP to assess, upon further                   above. Although the HTSUS subheadings are             Shenzhen Pengcheng South Industry
                                               instruction by Commerce, antidumping                    provided for convenience and customs                  and Trade Co., Ltd. (Shenzhen
                                               duties on all imports of the subject                    purposes, the written description of the              Pengcheng).2 On December 7, 2017, in
                                               merchandise entered, or withdrawn                       scope of this proceeding is dispositive.              accordance with section 751(a) of the
                                               from warehouse, for consumption on or                   Appendix II                                           Act and 19 CFR 351.221(c)(1)(i),
                                               after the effective date of the suspension                                                                    Commerce initiated an administrative
                                               of liquidation.                                         List of Topics Discussed in the Issues and
                                                                                                                                                             review of the antidumping duty order
                                                                                                       Decision Memorandum
                                               Notification Regarding Administrative                                                                         on electrolytic manganese dioxide from
                                                                                                       I. Summary                                            China with respect to this company.3
                                               Protective Orders (APO)                                 II. Background                                        On February 5, 2018, Duracell timely
                                                  This notice serves as a reminder to                  III. Application of Facts Available and Use of
                                                                                                             Adverse Inference
                                                                                                                                                             withdrew its request for an
                                               parties subject to administrative                                                                             administrative review of Shenzhen
                                                                                                       IV. Critical Circumstances
                                               protective order (APO) of their                         V. Scope of the Investigation                         Pengcheng.4 No other party requested a
                                               responsibility concerning the                           VI. Scope Comments                                    review.
                                               disposition of proprietary information                  VII. Discussion of the Issues                            Commerce exercised its discretion to
                                               disclosed under APO in accordance                          Comment 1: Determination of Critical               toll all deadlines affected by the closure
                                               with 19 CFR 351.305(a)(3). Timely                             Circumstances for British Steel                 of the Federal Government from January
                                               notification of the return or destruction               VIII. Recommendation                                  20 through 22, 2018. If the new deadline
                                               of APO materials, or conversion to                      [FR Doc. 2018–06144 Filed 3–27–18; 8:45 am]           falls on a non-business day, in
                                               judicial protective order, is hereby                    BILLING CODE 3510–DS–P                                accordance with Commerce’s practice,
                                               requested. Failure to comply with the                                                                         the deadline will become the next
                                               regulations and the terms of an APO is                                                                        business day.5
                                               a sanctionable violation.                               DEPARTMENT OF COMMERCE
                                                  This determination and this notice are                                                                     Rescission of Review
                                               issued and published pursuant to                        International Trade Administration                      Pursuant to 19 CFR 351.213(d)(1),
                                               sections 735(d) and 777(i)(1) of the Act.               [A–570–919]                                           Commerce will rescind an
                                                 Dated: March 19, 2018.                                                                                      administrative review, in whole or in
                                                                                                       Electrolytic Manganese Dioxide From                   part, if the party that requested the
                                               Gary Taverman,
                                                                                                       the People’s Republic of China:                       review withdraws its request within 90
                                               Deputy Assistant Secretary for Antidumping
                                                                                                       Rescission of Antidumping Duty                        days of the publication date of the
                                               and Countervailing Duty Operations,
                                               performing the non-exclusive functions and              Administrative Review; 2016–2017                      notice of initiation of the requested
                                               duties of the Assistant Secretary for                                                                         review. Duracell withdrew its request
                                                                                                       AGENCY:  Enforcement and Compliance,
                                               Enforcement and Compliance.
                                                                                                       International Trade Administration,                      1 See Antidumping or Countervailing Duty Order,
                                               Appendix I                                              Department of Commerce.                               Finding, or Suspended Investigation; Opportunity
                                                                                                       SUMMARY: The Department of Commerce                   to Request Administrative Review, 82 FR 46217
                                               Scope of the Investigation                                                                                    (October 4, 2017).
                                                                                                       (Commerce) is rescinding the
                                                  The products covered by this investigation                                                                    2 See Letter from Duracell, ‘‘Electrolytic

                                               are certain hot-rolled products of carbon steel         administrative review of the                          Manganese Dioxide from the People’s Republic of
                                               and alloy steel, in coils, of approximately             antidumping duty order on electrolytic                China: Request for Administrative Review,’’ dated
                                               round cross section, less than 19.00 mm in              manganese dioxide from the People’s                   October 31, 2017.
                                                                                                                                                                3 See Initiation of Antidumping and
                                               actual solid cross-sectional diameter.                  Republic of China (China) for the period
                                                                                                                                                             Countervailing Duty Administrative Reviews, 82 FR
                                               Specifically excluded are steel products                of review (POR) October 1, 2016,                      57705 (December 7, 2017) (Initiation Notice).
                                               possessing the above-noted physical                     through September 30, 2017.                              4 See Letter from Duracell, ‘‘Antidumping Duty
                                               characteristics and meeting the Harmonized              DATES: Applicable March 28, 2018.                     Administrative Review of Electrolytic Manganese
                                               Tariff Schedule of the United States (HTSUS)                                                                  Dioxide from the People’s Republic of China:
                                               definitions for (a) stainless steel; (b) tool           FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             Withdrawal of Request for Administrative Review,’’
                                               steel; (c) high-nickel steel; (d) ball bearing          Celeste Chen or Jeffrey Pedersen, AD/                 dated February 5, 2018.
                                               steel; or (e) concrete reinforcing bars and             CVD Operations, Office IV, Enforcement                   5 See Memorandum for The Record from
daltland on DSKBBV9HB2PROD with NOTICES




                                               rods. Also excluded are free cutting steel              and Compliance, International Trade                   Christian Marsh, Deputy Assistant Secretary for
                                               (also known as free machining steel)                    Administration, U.S. Department of                    Enforcement and Compliance, performing the non-
                                               products (i.e., products that contain by                                                                      exclusive functions and duties of the Assistant
                                                                                                       Commerce, 1401 Constitution Avenue                    Secretary for Enforcement and Compliance,
                                               weight one or more of the following                     NW, Washington, DC 20230; telephone:                  ‘‘Deadlines Affected by the Shutdown of the
                                               elements: 0.1 percent or more of lead, 0.05             (202) 482–0890 or (202) 482–2769,                     Federal Government’’ (Tolling Memorandum),
                                               percent or more of bismuth, 0.08 percent or                                                                   dated January 23, 2018. All deadlines in this
                                               more of sulfur, more than 0.04 percent of
                                                                                                       respectively.
                                                                                                                                                             segment of the proceeding have been extended by
                                               phosphorous, more than 0.05 percent of                  SUPPLEMENTARY INFORMATION:                            3 days.



                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1



Document Created: 2018-11-01 08:55:27
Document Modified: 2018-11-01 08:55:27
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.
ContactAlice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4682.
FR Citation83 FR 13252 

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