83_FR_2145 83 FR 2135 - Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value

83 FR 2135 - Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2135-2137
FR Document2018-00571

The Department of Commerce (Department) determines that imports of carbon and alloy steel wire rod (wire rod) from Ukraine are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination.'' The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2135-2137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-816]


Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Department) determines that 
imports of carbon and alloy steel wire rod (wire rod) from Ukraine are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The final estimated weighted-average dumping margins of 
sales at LTFV are listed below in the section entitled ``Final 
Determination.'' The period of investigation is January 1, 2016, 
through December 31, 2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, 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) 482-1394, or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, the Department published the Preliminary 
Determination in the Federal Register.\1\ The petitioners in this 
investigation are Gerdau Ameristeel US Inc., Nucor Corporation, 
Keystone Consolidated Industries, Inc., and Charter Steel 
(collectively, the petitioners). The mandatory respondents in this 
investigation are ArcelorMittal Steel Kryvyi Rih OJSC (AMKR) and Public 
Joint Stock Company (PJSC) Yenakiieve Steel (Yenakiieve).\2\ In the 
Preliminary Determination, the Department determined that the 
application of facts available with an adverse inference (AFA) was 
warranted as a result of AMKR's and Yenakiieve's failure to cooperate 
and provide complete, useable data in this investigation.
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    \1\ See Carbon and Alloy Steel Wire Rod from Ukraine: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 50375 (October 31, 2017) (Preliminary Determination) 
and accompanying Preliminary Decision Memorandum.
    \2\ The Department preliminarily determined not to further 
examine Duferco S.A. (Duferco) as part of this investigation because 
the evidence does not show that Duferco made any sales of subject 
merchandise in the United States during the POI. For the final 
determination, we continue to find that Duferco had no sales of 
subject merchandise during the POI. As such, any entries of subject 
merchandise exported by Duferco will be subject to the All-Others 
Rate.
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    A summary of the events that occurred since the Department 
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 accompanying Issues and Decision Memorandum.\3\ The Issues 
and Decision Memorandum is a public document, and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues 
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \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 Ukraine,'' 
dated concurrently with this determination and hereby adopted by 
this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are generally described 
as

[[Page 2136]]

wire rod from Ukraine. For a complete description of the scope of the 
investigation, see Appendix I of this notice.

Scope Comments

    During the course of this investigation, the Department received 
numerous scope comments from interested parties. Prior to the 
Preliminary Determination, the Department issued a Preliminary Scope 
Decision Memorandum to address these comments. As a result of these 
comments, the Department made no changes to the scope of this 
investigation as it appeared in the Initiation Notice.\4\
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    \4\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Scope 
Comments Decision Memorandum for the Preliminary Determinations'' 
(Preliminary Scope Decision Memorandum), dated August 7, 2017; see 
also Carbon and Alloy Steel Wire Rod from Belarus, Italy, the 
Republic of Korea, the Russian Federation, South Africa, Spain, the 
Republic of Turkey, Ukraine, United Arab Emirates, and United 
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 
19207 (April 26, 2017) (Initiation Notice).
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    In November 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to the comments received.\5\ We did not change the scope of 
this investigation.
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    \5\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Final 
Scope Memorandum'' (Final Scope Decision Memorandum), dated November 
20, 2017.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties in this investigation are addressed in 
the Issues and Decision Memorandum. A list of these issues is attached 
to this notice at Appendix II.

Verification

    Because the mandatory respondents in this investigation did not 
provide the information requested, the Department did not conduct 
verification.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    The Department has made no changes to the Preliminary 
Determination. As explained in the Preliminary Determination, we found 
that the application of facts available with an adverse inference with 
respect to both mandatory respondents in this investigation, AMKR and 
Yenakiieve, was warranted, in accordance with sections 776(a)(1), 
776(a)(2), and 776(b) of the Act.\6\
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    \6\ See Preliminary Determination, 82 FR at 50375; see also PDM 
at 7-24.
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All-Others Rate

    As discussed in the Preliminary Determination, the Department based 
the selection of the all-others rate on the simple average of the six 
dumping margins calculated for subject merchandise from Ukraine alleged 
in the petition,\7\ in accordance with section 735(c)(5)(B) of the Act, 
and determined a rate of 34.98 percent. We made no changes to the all-
others rate for this final determination.\8\
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    \7\ See Letter to the Secretary of Commerce and the Secretary of 
the U.S. International Trade Commission, ``Carbon and Alloy Steel 
Wire Rod from Belarus, Italy, the Republic of Korea, the Russian 
Federation, the Republic of South Africa, Spain, Turkey, Ukraine, 
United Arab Emirates, and the United Kingdom--Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated March 
28, 2017; see also Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
Notice of Final Determination of Sales at Less Than Fair Value: Raw 
Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); 
Steel Threaded Rod from Thailand: Preliminary Determination of Sales 
at Less Than Fair Value and Affirmative Preliminary Determination of 
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), 
unchanged in Steel Threaded Rod from Thailand: Final Determination 
of Sales at Less Than Fair Value and Affirmative Final Determination 
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014).
    \8\ See Preliminary Determination, 82 FR at 50375.
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Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal Steel Kryvyi Rih..............................       44.03
Public Joint Stock Company Yenakiieve Iron and Steel Works..       44.03
All-Others..................................................       34.98
------------------------------------------------------------------------

Disclosure

    The estimated weighted-average dumping margin assigned to AMKR and 
Yenakiieve in this investigation in the Preliminary Determination were 
based on adverse facts available and the Department described the 
method it used to determine the AFA rate in the Preliminary 
Determination. As we made no changes to this margin since the 
Preliminary Determination, no disclosure of calculations is necessary 
for this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all appropriate entries of wire rod from Ukraine, 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.
    Furthermore, the Department will instruct CBP to require a cash 
deposit for such entries of merchandise. Pursuant to section 
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to 
the weighted-average amount by which normal value exceeds U.S. price, 
as follows: (1) For AMKR and Yenakiieve, the cash deposit rates will be 
equal to the estimated weighted-average dumping margin which the 
Department determined in this final determination; (2) if the exporter 
is not a firm identified in this investigation but the producer is, 
then the cash deposit rate will be equal to the estimated weighted-
average dumping margin established for the producer of the subject 
merchandise; (3) the cash deposit rate for all other producers and 
exporters will be 34.98 percent, as discussed in the ``All-Others 
Rate'' section and as listed in the chart, above.
    The instructions suspending liquidation will remain in effect until 
further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination. 
Because the final determination in this proceeding is affirmative, 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, or sales (or the likelihood of 
sales) for importation of wire rod from Ukraine no later than 45 days 
after this final determination, in accordance with section 735(b)(2) of 
the Act. 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, the Department will issue an antidumping duty order 
directing CBP

[[Page 2137]]

to assess, upon further instruction by the Department, antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: January 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

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

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Determination of No Sales
VI. Discussion of the Issues:
    Comment 1: Application of Total AFA to AMKR
    Comment 2: Application of Total AFA to Yenakiieve
VII. Recommendation

[FR Doc. 2018-00571 Filed 1-12-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                     2135

                                               the hearing two days before the                          4802.62.6140, 4802.69.1000, 4802.69.2000,              Background
                                               scheduled date.                                          and 4802.69.3000. Subject merchandise may
                                                                                                        also be imported under several additional                 On October 31, 2017, the Department
                                               International Trade Commission                           subheadings including 4805.91.5000,                    published the Preliminary
                                               Notification                                             4805.91.7000, and 4805.91.9000.17 Although             Determination in the Federal Register.1
                                                                                                        the HTSUS subheadings are provided for                 The petitioners in this investigation are
                                                  In accordance with section 703(f) of
                                                                                                        convenience and customs purposes, the                  Gerdau Ameristeel US Inc., Nucor
                                               the Act, Commerce will notify the                        written description of the merchandise is              Corporation, Keystone Consolidated
                                               International Trade Commission (ITC) of                  dispositive.                                           Industries, Inc., and Charter Steel
                                               its determination. If the final                                                                                 (collectively, the petitioners). The
                                               determination is affirmative, the ITC                    Appendix II—List of Topics Discussed
                                                                                                        in the Preliminary Decision                            mandatory respondents in this
                                               will determine before the later of 120                                                                          investigation are ArcelorMittal Steel
                                               days after the date of this preliminary                  Memorandum
                                                                                                                                                               Kryvyi Rih OJSC (AMKR) and Public
                                               determination or 45 days after the final                 I. Summary                                             Joint Stock Company (PJSC) Yenakiieve
                                               determination.                                           II. Background                                         Steel (Yenakiieve).2 In the Preliminary
                                                                                                        III. Scope Comments                                    Determination, the Department
                                               Notification to Interested Parties                       IV. Injury Test
                                                 This determination is issued and                       V. Subsidies Valuation
                                                                                                                                                               determined that the application of facts
                                               published pursuant to sections 703(f)                    VI. Application of Facts Otherwise Available           available with an adverse inference
                                                                                                              and Facts Otherwise Available With an            (AFA) was warranted as a result of
                                               and 777(i) of the Act and 19 CFR
                                                                                                              Adverse Inference                                AMKR’s and Yenakiieve’s failure to
                                               351.205(c).
                                                                                                        VII. Analysis of Programs                              cooperate and provide complete,
                                                 Dated: January 8, 2018.                                VIII. Conclusion                                       useable data in this investigation.
                                               Gary Taverman,                                           Appendix I: Not-Used and Not-Measurable                   A summary of the events that
                                               Deputy Assistant Secretary for Enforcement                     Programs, by Company                             occurred since the Department
                                               and Compliance, performing the non-                      [FR Doc. 2018–00570 Filed 1–12–18; 8:45 am]            published the Preliminary
                                               exclusive function and duties of the Assistant           BILLING CODE 3510–DS–P                                 Determination, as well as a full
                                               Secretary for Enforcement and Compliance.                                                                       discussion of the issues raised by parties
                                               Appendix I—Scope of the Investigation                                                                           for this final determination, may be
                                                                                                        DEPARTMENT OF COMMERCE                                 found in the accompanying Issues and
                                                 The merchandise covered by this                                                                               Decision Memorandum.3 The Issues and
                                               investigation includes certain paper that has            International Trade Administration                     Decision Memorandum is a public
                                               not been coated on either side and with 50
                                               percent or more of the cellulose fiber content                                                                  document, and is on file electronically
                                                                                                        [A–823–816]
                                               consisting of groundwood pulp, including                                                                        via Enforcement and Compliance’s
                                               groundwood pulp made from recycled paper,                Carbon and Alloy Steel Wire Rod From                   Antidumping and Countervailing Duty
                                               weighing not more than 90 grams per square               Ukraine: Affirmative Final                             Centralized Electronic Service System
                                               meter. Groundwood pulp includes all forms                Determination of Sales at Less Than                    (ACCESS). ACCESS is available to
                                               of pulp produced from a mechanical pulping                                                                      registered users at http://
                                               process, such as thermo-mechanical process
                                                                                                        Fair Value
                                                                                                                                                               access.trade.gov, and to all parties in the
                                               (TMP), chemi-thermo mechanical process                   AGENCY:   Enforcement and Compliance,                  Central Records Unit, room B8024 of the
                                               (CTMP), bleached chemi-thermo mechanical                 International Trade Administration,                    main Department of Commerce
                                               process (BCTMP) or any other mechanical
                                               pulping process. The scope includes paper
                                                                                                        Department of Commerce                                 building. In addition, a complete
                                               shipped in any form, including but not                   SUMMARY: The Department of Commerce                    version of the Issues and Decision
                                               limited to both rolls and sheets.                        (Department) determines that imports of                Memorandum can be accessed directly
                                                 Certain uncoated groundwood paper                      carbon and alloy steel wire rod (wire                  at http://enforcement.trade.gov. The
                                               includes but is not limited to standard                  rod) from Ukraine are being, or are                    signed and electronic versions of the
                                               newsprint, high bright newsprint, book                   likely to be, sold in the United States at             Issues and Decision Memorandum are
                                               publishing, directory, and printing and                                                                         identical in content.
                                               writing papers. The scope includes paper
                                                                                                        less than fair value (LTFV). The final
                                               that is white, off-white, cream, or colored.             estimated weighted-average dumping                     Scope of the Investigation
                                                 Specifically excluded from the scope are               margins of sales at LTFV are listed
                                                                                                        below in the section entitled ‘‘Final                    The products covered by this
                                               imports of certain uncoated groundwood
                                               paper printed with final content of printed              Determination.’’ The period of                         investigation are generally described as
                                               text or graphic. Also excluded are papers that           investigation is January 1, 2016, through                 1 See Carbon and Alloy Steel Wire Rod from
                                               otherwise meet this definition, but which                December 31, 2016.                                     Ukraine: Preliminary Affirmative Determination of
                                               have undergone a supercalendering
                                               process.16                                               DATES: Applicable January 16, 2018.                    Sales at Less Than Fair Value, 82 FR 50375
                                                                                                                                                               (October 31, 2017) (Preliminary Determination) and
                                                 Certain uncoated groundwood paper is                   FOR FURTHER INFORMATION CONTACT: Julia                 accompanying Preliminary Decision Memorandum.
                                               classifiable in the Harmonized Tariff                    Hancock or Courtney Canales, AD/CVD                       2 The Department preliminarily determined not to
                                               Schedule of the United States (HTSUS) in                 Operations, Office V, Enforcement and                  further examine Duferco S.A. (Duferco) as part of
                                               several subheadings, including 4801.00.0120,             Compliance, International Trade                        this investigation because the evidence does not
                                               4801.00.0140, 4802.61.1000, 4802.61.2000,                                                                       show that Duferco made any sales of subject
                                                                                                        Administration, U.S. Department of                     merchandise in the United States during the POI.
                                               4802.61.3110, 4802.61.3191, 4802.61.6040,
                                               4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                        Commerce, 1401 Constitution Avenue                     For the final determination, we continue to find
                                                                                                        NW, Washington, DC 20230; telephone:                   that Duferco had no sales of subject merchandise
                                                                                                                                                               during the POI. As such, any entries of subject
                                                                                                        (202) 482–1394, or (202) 482–4997,
daltland on DSKBBV9HB2PROD with NOTICES




                                                  16 Supercalendering imparts a glossy finish                                                                  merchandise exported by Duferco will be subject to
                                               produced by the movement of the paper web                respectively.                                          the All-Others Rate.
                                               through a supercalender which is a stack of                                                                        3 See Memorandum, ‘‘Issues and Decision

                                               alternating rollers of metal and cotton (or other
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                               Memorandum for the Final Affirmative
                                               softer material). The supercalender runs at high                                                                Determination in the Less-Than-Fair-Value
                                               speed and applies pressure, heat, and friction             17 The following HTSUS numbers are no longer         Investigation of Carbon and Alloy Steel Wire Rod
                                               which glazes the surface of the paper, imparting         active as of January 1, 2017: 4801.00.0020,            from Ukraine,’’ dated concurrently with this
                                               gloss to the surface and increasing the paper’s          4801.00.0040, 4802.61.3010, 4802.61.3091, and          determination and hereby adopted by this notice
                                               smoothness and density.                                  4802.62.6040.                                          (Issues and Decision Memorandum).



                                          VerDate Sep<11>2014   22:48 Jan 12, 2018   Jkt 244001    PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\16JAN1.SGM   16JAN1


                                               2136                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               wire rod from Ukraine. For a complete                   investigation, AMKR and Yenakiieve,                    no changes to this margin since the
                                               description of the scope of the                         was warranted, in accordance with                      Preliminary Determination, no
                                               investigation, see Appendix I of this                   sections 776(a)(1), 776(a)(2), and 776(b)              disclosure of calculations is necessary
                                               notice.                                                 of the Act.6                                           for this final determination.
                                               Scope Comments                                          All-Others Rate                                            Continuation of Suspension of
                                                 During the course of this                                As discussed in the Preliminary                         Liquidation
                                               investigation, the Department received                  Determination, the Department based                           In accordance with section 733(d)(2)
                                               numerous scope comments from                            the selection of the all-others rate on the                of the Act, the Department will instruct
                                               interested parties. Prior to the                        simple average of the six dumping                          U.S. Customs and Border Protection
                                               Preliminary Determination, the                          margins calculated for subject                             (CBP) to suspend liquidation of all
                                               Department issued a Preliminary Scope                   merchandise from Ukraine alleged in                        appropriate entries of wire rod from
                                               Decision Memorandum to address these                    the petition,7 in accordance with section                  Ukraine, as described in Appendix I of
                                               comments. As a result of these                          735(c)(5)(B) of the Act, and determined                    this notice, which were entered, or
                                               comments, the Department made no                        a rate of 34.98 percent. We made no                        withdrawn from warehouse, for
                                               changes to the scope of this                            changes to the all-others rate for this                    consumption on or after October 31,
                                               investigation as it appeared in the                     final determination.8                                      2017, the date of publication of the
                                               Initiation Notice.4                                                                                                Preliminary Determination.
                                                 In November 2017, we received scope                   Final Determination                                           Furthermore, the Department will
                                               case and rebuttal briefs. On November                      The final estimated weighted-average                    instruct CBP to require a cash deposit
                                               20, 2017, we issued the Final Scope                     dumping margins are as follows:                            for such entries of merchandise.
                                               Decision Memorandum in response to                                                                                 Pursuant to section 735(c)(1)(B)(ii) of
                                               the comments received.5 We did not                                                                      Weighted- the Act, CBP shall require a cash deposit
                                               change the scope of this investigation.                                                                  average   equal to the weighted-average amount
                                                                                                              Producer or exporter                     dumping
                                                                                                                                                        margins   by which normal value exceeds U.S.
                                               Analysis of Comments Received
                                                                                                                                                       (percent)  price, as follows: (1) For AMKR and
                                                  All issues raised in the case and                                                                               Yenakiieve, the cash deposit rates will
                                               rebuttal briefs that were submitted by                  ArcelorMittal Steel Kryvyi Rih .....                 44.03 be equal to the estimated weighted-
                                               interested parties in this investigation                Public Joint Stock Company                                 average dumping margin which the
                                               are addressed in the Issues and Decision                  Yenakiieve Iron and Steel
                                                                                                                                                                  Department determined in this final
                                               Memorandum. A list of these issues is                     Works ......................................       44.03
                                                                                                       All-Others ....................................      34.98 determination; (2) if the exporter is not
                                               attached to this notice at Appendix II.                                                                            a firm identified in this investigation
                                               Verification                                            Disclosure                                                 but the producer is, then the cash
                                                                                                                                                                  deposit rate will be equal to the
                                                 Because the mandatory respondents                        The estimated weighted-average                          estimated weighted-average dumping
                                               in this investigation did not provide the               dumping margin assigned to AMKR and margin established for the producer of
                                               information requested, the Department                   Yenakiieve in this investigation in the                    the subject merchandise; (3) the cash
                                               did not conduct verification.                           Preliminary Determination were based                       deposit rate for all other producers and
                                               Changes Since the Preliminary                           on adverse facts available and the                         exporters will be 34.98 percent, as
                                               Determination and Use of Adverse                        Department described the method it                         discussed in the ‘‘All-Others Rate’’
                                               Facts Available                                         used to determine the AFA rate in the                      section and as listed in the chart, above.
                                                                                                       Preliminary Determination. As we made                         The instructions suspending
                                                 The Department has made no changes
                                               to the Preliminary Determination. As                                                                               liquidation will remain in effect until
                                                                                                         6 See Preliminary Determination, 82 FR at 50375;
                                               explained in the Preliminary                                                                                       further notice.
                                                                                                       see also PDM at 7–24.
                                               Determination, we found that the                           7 See Letter to the Secretary of Commerce and the   U.S. International Trade Commission
                                               application of facts available with an                  Secretary of the U.S. International Trade              Notification
                                               adverse inference with respect to both                  Commission, ‘‘Carbon and Alloy Steel Wire Rod
                                                                                                       from Belarus, Italy, the Republic of Korea, the           In accordance with section 735(d) of
                                               mandatory respondents in this                           Russian Federation, the Republic of South Africa,      the Act, we will notify the U.S.
                                                                                                       Spain, Turkey, Ukraine, United Arab Emirates, and      International Trade Commission (ITC) of
                                                  4 For discussion of these comments, see              the United Kingdom—Petitions for the Imposition
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           of Antidumping and Countervailing Duties,’’ dated      our final determination. Because the
                                               from Belarus, Italy, the Republic of Korea, the         March 28, 2017; see also Notice of Preliminary         final determination in this proceeding is
                                               Russian Federation, South Africa, Spain, the            Determination of Sales at Less Than Fair Value:        affirmative, the ITC will make its final
                                               Republic of Turkey, Ukraine, the United Arab            Sodium Nitrite from the Federal Republic of            determination as to whether the
                                               Emirates, and the United Kingdom: Scope                 Germany, 73 FR 21909, 21912 (April 23, 2008),
                                               Comments Decision Memorandum for the                    unchanged in Notice of Final Determination of          domestic industry in the United States
                                               Preliminary Determinations’’ (Preliminary Scope         Sales at Less Than Fair Value: Sodium Nitrite from     is materially injured, or threatened with
                                               Decision Memorandum), dated August 7, 2017; see         the Federal Republic of Germany, 73 FR 38986,          material injury, by reason of imports, or
                                               also Carbon and Alloy Steel Wire Rod from Belarus,      38987 (July 8, 2008), and accompanying Issues and      sales (or the likelihood of sales) for
                                               Italy, the Republic of Korea, the Russian Federation,   Decision Memorandum at Comment 2; Notice of
                                               South Africa, Spain, the Republic of Turkey,            Final Determination of Sales at Less Than Fair         importation of wire rod from Ukraine no
                                               Ukraine, United Arab Emirates, and United               Value: Raw Flexible Magnets from Taiwan, 73 FR         later than 45 days after this final
                                               Kingdom: Initiation of Less-Than-Fair-Value             39673, 39674 (July 10, 2008); Steel Threaded Rod       determination, in accordance with
                                               Investigations, 82 FR 19207 (April 26, 2017)            from Thailand: Preliminary Determination of Sales      section 735(b)(2) of the Act. If the ITC
daltland on DSKBBV9HB2PROD with NOTICES




                                               (Initiation Notice).                                    at Less Than Fair Value and Affirmative
                                                  5 For discussion of these comments, see              Preliminary Determination of Critical                  determines that material injury or threat
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod           Circumstances, 78 FR 79670, 79671 (December 31,        of material injury does not exist, the
                                               from Belarus, Italy, the Republic of Korea, the         2013), unchanged in Steel Threaded Rod from            proceeding will be terminated and all
                                               Russian Federation, South Africa, Spain, the            Thailand: Final Determination of Sales at Less         cash deposits will be refunded. If the
                                               Republic of Turkey, Ukraine, the United Arab            Than Fair Value and Affirmative Final
                                               Emirates, and the United Kingdom: Final Scope           Determination of Critical Circumstances, 79 FR         ITC determines that such injury does
                                               Memorandum’’ (Final Scope Decision                      14476, 14477 (March 14, 2014).                         exist, the Department will issue an
                                               Memorandum), dated November 20, 2017.                      8 See Preliminary Determination, 82 FR at 50375.    antidumping duty order directing CBP


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                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                    2137

                                               to assess, upon further instruction by                  7227.90.6090 of the HTSUS may also be                  respect to Dalian Penghong Floor
                                               the Department, antidumping duties on                   included in this scope if they meet the                Products Co., Ltd. (Dalian Penghong).
                                               all imports of the subject merchandise                  physical description of subject merchandise            We invite interested parties to comment
                                                                                                       above. Although the HTSUS subheadings are              on these preliminary results.
                                               entered, or withdrawn from warehouse,
                                                                                                       provided for convenience and customs
                                               for consumption on or after the effective               purposes, the written description of the               DATES: Applicable January 16, 2018.
                                               date of the suspension of liquidation, as               scope of these proceedings is dispositive.             FOR FURTHER INFORMATION CONTACT:
                                               discussed above in the ‘‘Continuation of                                                                       Sergio Balbontin or Michael Bowen,
                                               Suspension of Liquidation’’ section.                    Appendix II—List of Topics Discussed                   AD/CVD Operations, Office VIII,
                                                                                                       in the Issues and Decision                             Enforcement and Compliance,
                                               Notification Regarding Administrative                   Memorandum
                                               Protective Orders                                                                                              International Trade Administration,
                                                                                                       I. Summary                                             U.S. Department of Commerce, 1401
                                                 This notice will serve as a reminder                  II. Background                                         Constitution Avenue NW, Washington,
                                               to parties subject to administrative                    III. Period of Investigation                           DC 20230; telephone: (202) 482–6478
                                               protective orders (APOs) of their                       IV. Scope of the Investigation                         and (202) 482–0768, respectively.
                                               responsibility concerning the                           V. Determination of No Sales
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                               disposition of proprietary information                  VI. Discussion of the Issues:
                                               disclosed under APO in accordance                          Comment 1: Application of Total AFA to              Scope of the Order
                                               with 19 CFR 351.305(a)(3). Timely                             AMKR
                                                                                                          Comment 2: Application of Total AFA to                The product covered by the Order is
                                               written notification of return or                                                                              wood flooring from China. For a
                                                                                                             Yenakiieve
                                               destruction of APO materials or                         VII. Recommendation                                    complete description of the scope of this
                                               conversion to judicial protective order is                                                                     administrative review, see the
                                                                                                       [FR Doc. 2018–00571 Filed 1–12–18; 8:45 am]
                                               hereby requested. Failure to comply                                                                            Preliminary Decision Memorandum.1
                                                                                                       BILLING CODE 3510–DS–P
                                               with the regulations and the terms of an
                                               APO is a sanctionable violation.                                                                               Partial Rescission of Review
                                                                                                                                                                Commerce initiated a review of 116
                                               Notification to Interested Parties                      DEPARTMENT OF COMMERCE
                                                                                                                                                              companies in this administrative
                                                  This determination and notice are                                                                           review. 2 The requests for review of
                                                                                                       International Trade Administration
                                               issued and published in accordance                                                                             Dalian Penghong were timely
                                               with sections 735(d) and 777(i) of the                  [A–570–970]                                            withdrawn.3 Accordingly, we are
                                               Act and 19 CFR 351.210(c).                                                                                     rescinding the administrative review
                                                                                                       Multilayered Wood Flooring From the                    with respect to this company.4
                                                 Dated: January 8, 2018.
                                                                                                       People’s Republic of China:
                                               Gary Taverman,                                                                                                 Preliminary Determination of No
                                                                                                       Preliminary Results of the
                                               Deputy Assistant Secretary for Antidumping              Antidumping Duty Administrative                        Shipments
                                               and Countervailing Duty Operations,
                                                                                                       Review, Preliminary Determination of                      Sixteen companies submitted timely-
                                               performing the non-exclusive functions and
                                               duties of the Assistant Secretary for                   No Shipments, and Rescission of                        filed certifications that they had no
                                               Enforcement and Compliance.                             Review, in Part; 2015–2016                             exports, sales, or entries of subject
                                                                                                                                                              merchandise during the POR.
                                               Appendix I—Scope of the Investigation                   AGENCY:   Enforcement and Compliance,
                                                                                                                                                              Accordingly, Commerce, consistent
                                                                                                       International Trade Administration,
                                                  The products covered by this investigation                                                                  with its practice, requested that U.S.
                                                                                                       Department of Commerce.
                                               are certain hot-rolled products of carbon steel                                                                Customs and Border Protection (CBP)
                                               and alloy steel, in coils, of approximately             SUMMARY: The Department of Commerce
                                               round cross section, less than 19.00 mm in              (Commerce) is conducting an                               1 See Memorandum to Gary Taverman, Deputy
                                               actual solid cross-sectional diameter.                  administrative review of the                           Assistant Secretary for Antidumping and
                                               Specifically excluded are steel products                antidumping duty order on multilayered                 Countervailing Duty Operations, performing the
                                               possessing the above-noted physical                                                                            non-exclusive functions and duties of the Assistant
                                                                                                       wood flooring (MLWF) from the                          Secretary for Enforcement and Compliance, from
                                               characteristics and meeting the Harmonized
                                                                                                       People’s Republic of China (China). The                James P. Maeder Senior Director performing the
                                               Tariff Schedule of the United States (HTSUS)
                                               definitions for (a) stainless steel; (b) tool           period of review (POR) is December 1,                  duties of Deputy Assistant Secretary for
                                                                                                       2015, through November 30, 2016. The                   Antidumping and Countervailing Duty Operations,
                                               steel; (c) high-nickel steel; (d) ball bearing                                                                 ‘‘Decision Memorandum for the Preliminary Results
                                               steel; or (e) concrete reinforcing bars and             review covers two mandatory                            in the Antidumping Duty Administrative Review;
                                               rods. Also excluded are free cutting steel              respondents, Jiangsu Senmao Bamboo                     Multilayered Wood Flooring from the People’s
                                               (also known as free machining steel)                    and Wood Industry Co., Ltd. (Jiangsu                   Republic of China; 2015–2016,’’ (Preliminary
                                               products (i.e., products that contain by                Senmao) and Jilin Forest Industry                      Decision Memorandum), dated concurrently with,
                                               weight one or more of the following                                                                            and hereby adopted by, this notice.
                                                                                                       Jinqiao Flooring Group Co., Ltd. (Jinqiao                 2 See Initiation of Antidumping and
                                               elements: 0.1 percent of more of lead, 0.05             Flooring).
                                               percent or more of bismuth, 0.08 percent or                                                                    Countervailing Duty Administrative Reviews, 82 FR
                                               more of sulfur, more than 0.04 percent of                  We preliminarily determine that sales               10457 (February 13, 2017) (Initiation Notice); see
                                                                                                       of subject merchandise by Jiangsu                      also Initiation of Antidumping and Countervailing
                                               phosphorous, more than 0.05 percent of                                                                         Duty Administrative Reviews, 82 FR 57705
                                               selenium, or more than 0.01 percent of                  Senmao have not been made at prices                    (December 7, 2017) (Second Initiation Notice).
                                               tellurium). All products meeting the physical           below normal value (NV) and that                       Commerce notes that the Second Initiation Notice
                                               description of subject merchandise that are             Jinqiao Flooring is not eligible for a                 contained a typographical error in the spelling of
                                               not specifically excluded are included in this          separate rate and, therefore, remains                  ‘‘Dun Hua Sen Tai Wood Co., Ltd.’’ This
                                               scope.                                                                                                         determination corrects the second notice of
                                                                                                       part of the China-wide entity. In
daltland on DSKBBV9HB2PROD with NOTICES




                                                  The products under investigation are                                                                        initiation and reflects the accurate spelling.
                                                                                                       addition, we are preliminarily granting                   3 See Letters from the Coalition for American
                                               currently classifiable under subheadings
                                                                                                       separate rates to 70 producers/exporters,              Hardwood Parity, ‘‘Partial Withdrawal of Request
                                               7213.91.3011, 7213.91.3015, 7213.91.3020,
                                               7213.91.3093, 7213.91.4500, 7213.91.6000,               including Jiangsu Senmao, and                          for Administrative Review: Multilayered Wood
                                                                                                       determine that 16 producer/exporters                   Flooring from the People’s Republic of China,’’ and
                                               7213.99.0030, 7227.20.0030, 7227.20.0080,                                                                      Dalian Penghong, ‘‘Multilayered Wood Flooring
                                               7227.90.6010, 7227.90.6020, 7227.90.6030,               made no shipments of subject                           from the People’s Republic of China; Withdrawal of
                                               and 7227.90.6035 of the HTSUS. Products                 merchandise during the POR. Finally,                   Request for Review,’’ both dated March 27, 2017.
                                               entered under subheadings 7213.99.0090 and              we are rescinding the review with                         4 See 19 CFR 351.213(d)(1).




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Document Created: 2018-01-13 02:02:26
Document Modified: 2018-01-13 02:02:26
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 January 16, 2018.
ContactJulia Hancock or Courtney Canales, 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) 482-1394, or (202) 482-4997, respectively.
FR Citation83 FR 2135 

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