83_FR_2151 83 FR 2141 - Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances

83 FR 2141 - Carbon and Alloy Steel Wire Rod From the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range2141-2143
FR Document2018-00572

The Department of Commerce (Commerce) determines that imports of carbon and alloy steel wire rod (wire rod) from the Republic of South Africa (South Africa) 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 (POI) 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 2141-2143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-823]


Carbon and Alloy Steel Wire Rod From the Republic of South 
Africa: Affirmative Final Determination of Sales at Less Than Fair 
Value and Affirmative Finding of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of carbon and alloy steel wire rod (wire rod) from the Republic of 
South Africa (South Africa) 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 (POI) is January 1, 2016, through December 31, 2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Moses Song or John McGowan, AD/CVD 
Operations, Office VI, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5041 
or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce 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 three mandatory respondents in 
this investigation are: (1) ArcelorMittal South Africa Limited (AMSA); 
(2) Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group) 
(Scaw); and (3) Davsteel Division of Cape Gate (Pty) Ltd. (Cape Gate). 
At the Preliminary Determination, Commerce determined that AMSA, Scaw, 
and Consolidated Wire Industries (CWI) are affiliated and constituted a 
single entity, i.e., AMSA/Scaw/CWI. Furthermore, we preliminarily found 
that the application of facts available with an adverse inference (AFA) 
to the collapsed entity, due to Scaw's failure to participate in this 
investigation, was warranted. Commerce also preliminarily determined 
that critical circumstances existed for AMSA/Scaw/CWI and for all-other 
exporters/producers of wire rod. Concerning Cape Gate, Commerce 
preliminarily determined not to further examine Cape Gate as part of 
this investigation because Cape Gate timely certified that it did not 
make any sales of subject merchandise in the United States during the 
POI and there is no record evidence to the contrary.
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    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
South Africa: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Preliminary Affirmative Determination of Critical 
Circumstances, and Preliminary Determination of No Shipments, 82 FR 
at 50383 (October 31, 2017) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
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    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 
accompanying Issues and Decision Memorandum.\2\ The Issues and Decision 
Memorandum is a public document, and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and 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.
---------------------------------------------------------------------------

    \2\ 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 Republic 
of South Africa,'' dated concurrently with this determination and 
hereby adopted by this notice (Issues and Decision Memorandum or 
IDM).
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Scope of the Investigation

    The product covered by this investigation is wire rod from South 
Africa. For a complete description of the scope of this 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. As a result of these comments, Commerce made 
no changes

[[Page 2142]]

to the scope of this investigation as it appeared in the Initiation 
Notice.\3\
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    \3\ 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; 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 20, 2017) (Initiation Notice).
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    In September 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to these comments in which we did not change the scope of this 
investigation.\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: 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

    As explained in the Issues and Decision Memorandum, Commerce did 
not conduct verification of AMSA/Scaw/CWI.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Commerce has made no changes to the Preliminary Determination. As 
stated in the Preliminary Determination, we found that the application 
of facts available with an adverse inference with respect to the 
collapsed entity, i.e., AMSA/Scaw/CWI, in this investigation, was 
warranted, in accordance with sections 776(a)(1), 776(a)(2)(A)-(C), and 
776(b) of the Act.\5\
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    \5\ See Preliminary Determination, 82 FR at 50383; see also PDM 
at 6-9.
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Final Affirmative Determination of No Sales

    As stated above in the ``Background'' section, at the Preliminary 
Determination, we found that Cape Gate had no sales of subject 
merchandise during the POI, and, therefore, we determined not to 
further examine Cape Gate as part of this investigation. Commerce 
received no comments regarding this issue after the Preliminary 
Determination. Thus, for this final determination, we continue to find 
that Cape Gate had no sales of subject merchandise during the POI. As 
such, any entries of subject merchandise exported by Cape Gate will be 
subject to the All-Others Rate.

Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, 
we preliminarily found that critical circumstances exist with respect 
to AMSA/Scaw/CWI, and all other producers and exporters of wire rod 
from South Africa (All Others).\6\ Commerce received no comments 
regarding this issue after the Preliminary Determination. Thus, for 
this final determination, we continue to find that, in accordance with 
section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances 
exist for imports from all producers and exporters of wire rod from 
South Africa.
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    \6\ See Preliminary Determination, 82 FR at 50383, 50384; see 
also PDM at 11-16.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the simple average of the two 
dumping margins calculated for subject merchandise from South Africa 
alleged in the petition,\7\ in accordance with section 735(c)(5)(B) of 
the Act, and determined a rate of 135.46 percent. No parties commented 
on this issue and we made no changes to the all-others rate for this 
final determination.\8\
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    \7\ See the Petitions for the Imposition of Antidumping Duties 
on 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, dated March 28, 2017 (the petition).
    \8\ See Preliminary Determination, 82 FR at 50383, 50384-50385.
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal South Africa Limited, Scaw South Africa (Pty)       142.26
 Ltd. (also known as Scaw Metals Group), and Consolidated
 Wire Industries............................................
All-Others..................................................      135.46
------------------------------------------------------------------------

Disclosure

    The estimated weighted-average dumping margin assigned to the 
collapsed entity (i.e., AMSA/Scaw/CWI) in this investigation in the 
Preliminary Determination were based on adverse facts available and 
Commerce described the method it used to determine the adverse facts 
available 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, for this final 
determination, we will direct U. S. Customs and Border Protection (CBP) 
to suspend liquidation of all entries of wire rod from South Africa, as 
described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after August 2, 2017 
(90 days prior to the date of publication of the Preliminary 
Determination), because we continue to find that critical circumstances 
exist with regard to imports from all producers and exporters of wire 
rod from South Africa.
    Furthermore, Commerce 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 AMSA/Scaw/CWI, the cash deposit rate will be equal to the 
estimated weighted-average dumping margin which Commerce 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 or exporters will be 135.46 
percent, as discussed in the ``All-Others Rate'' section, 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 of 
sales at LTFV and final affirmative determination of critical 
circumstances for South Africa. Because the final determination in this 
proceeding is affirmative, the ITC will

[[Page 2143]]

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 South Africa no later than 45 days after 
this final determination, in accordance with section 735(b)(2) of the 
Act. If the ITC determines that such injury does not exist, the 
proceeding will be terminated and all cash deposits posted will be 
refunded or cancelled. If the ITC determines that such injury exists, 
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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
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 written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
sections 735(d) and 777(i)(1) 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. Discussion of the Issues:
    Comment 1: Affiliation and Collapsing of AMSA/Scaw/CWI
    Comment 2: Application of Total AFA to AMSA/Scaw/CWI
    Comment 3: Commerce's Statutory Obligations Under 782(d) of the 
Act
    Comment 4: Verification
    Comment 5: Adjustment to AMSA's General and Administrative (G&A) 
Expense Ratio
    Comment 6: Adjustment to AMSA's Warranty Expenses
    Comment 7: Adjustment to AMSA's Direct Selling Expenses
    Comment 8: Denial of AMSA's CEP Offset
VI. Recommendation

[FR Doc. 2018-00572 Filed 1-12-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                    2141

                                                 J. Currency Conversion                                DEPARTMENT OF COMMERCE                                 constituted a single entity, i.e., AMSA/
                                               IX. Recommendation                                                                                             Scaw/CWI. Furthermore, we
                                                                                                       International Trade Administration                     preliminarily found that the application
                                               Appendix II
                                                                                                       [A–791–823]                                            of facts available with an adverse
                                               No-Shipment Certifications                                                                                     inference (AFA) to the collapsed entity,
                                               Anhui Boya Bamboo & Wood Products Co.,                  Carbon and Alloy Steel Wire Rod From                   due to Scaw’s failure to participate in
                                                  Ltd.                                                 the Republic of South Africa:                          this investigation, was warranted.
                                               Changbai Mountain Development and                       Affirmative Final Determination of                     Commerce also preliminarily
                                                  Protection Zone Hongtu Wood Industrial               Sales at Less Than Fair Value and                      determined that critical circumstances
                                                  Co., Ltd.                                            Affirmative Finding of Critical                        existed for AMSA/Scaw/CWI and for
                                               Chinafloors Timber (China) Co, Ltd.                     Circumstances                                          all-other exporters/producers of wire
                                               Dalian Jiahong Wood Industry Co., Ltd.                                                                         rod. Concerning Cape Gate, Commerce
                                               Guangzhou Homebon Timber Manufacturing                  AGENCY:   Enforcement and Compliance,                  preliminarily determined not to further
                                                  Co., Ltd.                                            International Trade Administration,                    examine Cape Gate as part of this
                                               Huzhou Muyun Wood Co., Ltd.                             Department of Commerce.                                investigation because Cape Gate timely
                                               Jiangsu Keri Wood Co., Ltd.                             SUMMARY: The Department of Commerce                    certified that it did not make any sales
                                               Jiangsu Yuhui International Trade Co., Ltd.             (Commerce) determines that imports of                  of subject merchandise in the United
                                               Jiashan On-Line Lumber Co., Ltd.                        carbon and alloy steel wire rod (wire                  States during the POI and there is no
                                               Kingman Floors Co., Ltd.                                rod) from the Republic of South Africa                 record evidence to the contrary.
                                               Les Planchers Mercier, Inc.                             (South Africa) are being, or are likely to                A summary of the events that
                                               Linyi Bonn Flooring Manufacturing Co., Ltd.             be, sold in the United States at less than             occurred since Commerce published the
                                               Power Dekor Group Co., Ltd.                             fair value (LTFV). The final estimated                 Preliminary Determination, as well as a
                                               Shanghai Lizhong Wood Products Co., Ltd.                weighted-average dumping margins of                    full discussion of the issues raised by
                                               Zhejiang Shuimojiangnan New Material                    sales at LTFV are listed below in the                  parties for this final determination, may
                                                  Technology Co., Ltd.                                 section entitled ‘‘Final Determination.’’              be found in the accompanying Issues
                                               Zhejiang Simite Wooden Co., Ltd.                        The period of investigation (POI) is                   and Decision Memorandum.2 The Issues
                                               China-Wide Entity Companies                             January 1, 2016, through December 31,                  and Decision Memorandum is a public
                                                                                                       2016.                                                  document, and is on file electronically
                                               Anhui Suzhou Dongda Wood Co., Ltd.                                                                             via Enforcement and Compliance’s
                                                                                                       DATES: Applicable January 16, 2018.
                                               Baishan Huafeng Wood Product Co., Ltd.                                                                         Antidumping and Countervailing Duty
                                               Baiying Furniture Manufacturer Co., Ltd.                FOR FURTHER INFORMATION CONTACT:
                                                                                                       Moses Song or John McGowan, AD/CVD                     Centralized Electronic Service System
                                               Cheng Hang Wood Co., Ltd.
                                                                                                       Operations, Office VI, AD/CVD                          (ACCESS). ACCESS is available to
                                               Dalian Jiuyuan Wood Industry Co., Ltd.
                                                                                                       Operations, Enforcement and                            registered users at http://
                                               Dalian Qinqui Wooden Product Co., Ltd.
                                                                                                       Compliance, International Trade                        access.trade.gov, and to all parties in the
                                               Dongtai Zhangshi Wood Industry Co., Ltd.
                                                                                                       Administration, U.S. Department of                     Central Records Unit, room B8024 of the
                                               Fu Lik Timber (HK) Co., Ltd.
                                                                                                       Commerce, 1401 Constitution Avenue                     main Department of Commerce
                                               GTP International Ltd.
                                                                                                       NW, Washington, DC 20230; telephone:                   building. In addition, a complete
                                               Guangdong Yihua Timber Industry Co., Ltd.
                                               HaiLin Xincheng Wooden Products, Ltd.                   (202) 482–5041 or (202) 482–3019,                      version of the Issues and Decision
                                               Hangzhou Dazhuang Floor Co., Ltd. (dba                  respectively.                                          Memorandum can be accessed directly
                                                  Dasso Industrial Group Co., Ltd.)                                                                           at http://enforcement.trade.gov. The
                                                                                                       SUPPLEMENTARY INFORMATION:                             signed and electronic versions of the
                                               Hangzhou Huahi Wood Industry Co., Ltd.
                                               Huber Engineering Wood Corp.                            Background                                             Issues and Decision Memorandum are
                                               Huzhou City Nanxun Guangda Wood Co.,                                                                           identical in content.
                                                                                                         On October 31, 2017, Commerce
                                                  Ltd.                                                 published the Preliminary                              Scope of the Investigation
                                               Huzhou Fuma Wood Co., Ltd.
                                                                                                       Determination in the Federal Register.1                  The product covered by this
                                               Jiafeng Wood (Suzhou) Co., Ltd.
                                                                                                       The petitioners in this investigation are              investigation is wire rod from South
                                               Jilin Forest Industry Jinqiao Flooring Group
                                                                                                       Gerdau Ameristeel US Inc., Nucor                       Africa. For a complete description of the
                                                  Co., Ltd.
                                                                                                       Corporation, Keystone Consolidated                     scope of this investigation, see
                                               Qingdao Barry Flooring Co., Ltd.
                                                                                                       Industries, Inc., and Charter Steel                    Appendix I.
                                               Shandong Kaiyuan Wood Industry Co., Ltd.
                                                                                                       (collectively, the petitioners). The three
                                               Shanghai Anxin (Weiguang) Timber Co., Ltd.                                                                     Scope Comments
                                                                                                       mandatory respondents in this
                                               Shanghai Eswell Timber Co., Ltd.
                                               Shanghai New Sihe Wood Co., Ltd.
                                                                                                       investigation are: (1) ArcelorMittal                      During the course of this
                                               Shanghai Shenlin Corporation
                                                                                                       South Africa Limited (AMSA); (2) Scaw                  investigation, Commerce received
                                               Vicwood Industry (Suzhou) Co., Ltd.                     South Africa (Pty) Ltd. (also known as                 numerous scope comments from
                                               Yixing Lion-King Timber Industry                        Scaw Metals Group) (Scaw); and (3)                     interested parties. Prior to the
                                               Zhejiang AnJi Xinfeng Bamboo and Wood                   Davsteel Division of Cape Gate (Pty) Ltd.              Preliminary Determination, Commerce
                                                  Industry Co., Ltd.                                   (Cape Gate). At the Preliminary                        issued a Preliminary Scope Decision
                                               Zhejiang Desheng Wood Industry Co., Ltd.                Determination, Commerce determined                     Memorandum to address these
                                               Zhejiang Haoyun Wooden Co., Ltd.                        that AMSA, Scaw, and Consolidated                      comments. As a result of these
                                                                                                       Wire Industries (CWI) are affiliated and               comments, Commerce made no changes
                                               [FR Doc. 2018–00573 Filed 1–12–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES




                                               BILLING CODE 3510–DS–P                                    1 See Carbon and Alloy Steel Wire Rod from the          2 See Memorandum, ‘‘Issues and Decision

                                                                                                       Republic of South Africa: Preliminary Affirmative      Memorandum for the Final Affirmative
                                                                                                       Determination of Sales at Less Than Fair Value,        Determination in the Less-Than-Fair-Value
                                                                                                       Preliminary Affirmative Determination of Critical      Investigation of Carbon and Alloy Steel Wire Rod
                                                                                                       Circumstances, and Preliminary Determination of        from the Republic of South Africa,’’ dated
                                                                                                       No Shipments, 82 FR at 50383 (October 31, 2017)        concurrently with this determination and hereby
                                                                                                       (Preliminary Determination), and accompanying          adopted by this notice (Issues and Decision
                                                                                                       Preliminary Decision Memorandum (PDM).                 Memorandum or IDM).



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                                               2142                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               to the scope of this investigation as it                regarding this issue after the Preliminary             Disclosure
                                               appeared in the Initiation Notice.3                     Determination. Thus, for this final                      The estimated weighted-average
                                                 In September 2017, we received scope                  determination, we continue to find that                dumping margin assigned to the
                                               case and rebuttal briefs. On November                   Cape Gate had no sales of subject                      collapsed entity (i.e., AMSA/Scaw/CWI)
                                               20, 2017, we issued the Final Scope                     merchandise during the POI. As such,                   in this investigation in the Preliminary
                                               Decision Memorandum in response to                      any entries of subject merchandise                     Determination were based on adverse
                                               these comments in which we did not                      exported by Cape Gate will be subject to               facts available and Commerce described
                                               change the scope of this investigation.4                the All-Others Rate.                                   the method it used to determine the
                                               Analysis of Comments Received                           Final Affirmative Determination of                     adverse facts available rate in the
                                                  All issues raised in the case and                    Critical Circumstances                                 Preliminary Determination. As we made
                                               rebuttal briefs that were submitted by                                                                         no changes to this margin since the
                                                                                                          In accordance with section 733(e)(1)                Preliminary Determination, no
                                               interested parties in this investigation                of the Act and 19 CFR 351.206, we
                                               are addressed in the Issues and Decision                                                                       disclosure of calculations is necessary
                                                                                                       preliminarily found that critical                      for this final determination.
                                               Memorandum. A list of these issues is                   circumstances exist with respect to
                                               attached to this notice at Appendix II.                 AMSA/Scaw/CWI, and all other                           Continuation of Suspension of
                                               Verification                                            producers and exporters of wire rod                    Liquidation
                                                 As explained in the Issues and                        from South Africa (All Others).6                              In accordance with section 733(d)(2)
                                               Decision Memorandum, Commerce did                       Commerce received no comments                              of the Act, for this final determination,
                                               not conduct verification of AMSA/                       regarding this issue after the Preliminary                 we will direct U. S. Customs and Border
                                               Scaw/CWI.                                               Determination. Thus, for this final                        Protection (CBP) to suspend liquidation
                                                                                                       determination, we continue to find that,                   of all entries of wire rod from South
                                               Changes Since the Preliminary                           in accordance with section 735(a)(3) of                    Africa, as described in Appendix I to
                                               Determination and Use of Adverse Facts                  the Act and 19 CFR 351.206, critical                       this notice, which were entered, or
                                               Available                                               circumstances exist for imports from all                   withdrawn from warehouse, for
                                                 Commerce has made no changes to                       producers and exporters of wire rod                        consumption on or after August 2, 2017
                                               the Preliminary Determination. As                       from South Africa.                                         (90 days prior to the date of publication
                                               stated in the Preliminary Determination,                All-Others Rate                                            of the Preliminary Determination),
                                               we found that the application of facts                                                                             because we continue to find that critical
                                               available with an adverse inference with                   As discussed in the Preliminary                         circumstances exist with regard to
                                               respect to the collapsed entity, i.e.,                  Determination, Commerce based the                          imports from all producers and
                                               AMSA/Scaw/CWI, in this investigation,                   selection of the all-others rate on the                    exporters of wire rod from South Africa.
                                               was warranted, in accordance with                       simple average of the two dumping                             Furthermore, Commerce will instruct
                                               sections 776(a)(1), 776(a)(2)(A)–(C), and               margins calculated for subject                             CBP to require a cash deposit for such
                                               776(b) of the Act.5                                     merchandise from South Africa alleged                      entries of merchandise. Pursuant to
                                                                                                       in the petition,7 in accordance with                       section 735(c)(1)(B)(ii) of the Act, CBP
                                               Final Affirmative Determination of No                   section 735(c)(5)(B) of the Act, and
                                               Sales                                                                                                              shall require a cash deposit equal to the
                                                                                                       determined a rate of 135.46 percent. No                    weighted-average amount by which
                                                 As stated above in the ‘‘Background’’                 parties commented on this issue and we normal value exceeds U.S. price, as
                                               section, at the Preliminary                             made no changes to the all-others rate                     follows: (1) For AMSA/Scaw/CWI, the
                                               Determination, we found that Cape Gate                  for this final determination.8                             cash deposit rate will be equal to the
                                               had no sales of subject merchandise                                                                                estimated weighted-average dumping
                                               during the POI, and, therefore, we                      Final Determination
                                                                                                                                                                  margin which Commerce determined in
                                               determined not to further examine Cape                     The final estimated weighted-average                    this final determination; (2) if the
                                               Gate as part of this investigation.                     dumping margins are as follows:                            exporter is not a firm identified in this
                                               Commerce received no comments                                                                                      investigation but the producer is, then
                                                                                                                                                       Estimated the cash deposit rate will be equal to the
                                                  3 For discussion of these comments, see                                                              weighted-
                                                                                                                                                        average   estimated weighted-average dumping
                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod                   Exporter/producer
                                               from Belarus, Italy, the Republic of Korea, the                                                         dumping    margin established for the producer of
                                               Russian Federation, South Africa, Spain, the                                                              margin   the subject merchandise; (3) the cash
                                               Republic of Turkey, Ukraine, the United Arab                                                            (percent)  deposit rate for all other producers or
                                               Emirates, and the United Kingdom: Scope                                                                            exporters will be 135.46 percent, as
                                               Comments Decision Memorandum for the                    ArcelorMittal South Africa Lim-
                                               Preliminary Determination’’ (Preliminary Scope            ited, Scaw South Africa (Pty)
                                                                                                                                                                  discussed in the ‘‘All-Others Rate’’
                                               Decision Memorandum), dated August 7, 2017; see           Ltd. (also known as Scaw                                 section, above.
                                               also Carbon and Alloy Steel Wire Rod from Belarus,        Metals Group), and Consoli-                                 The instructions suspending
                                               Italy, the Republic of Korea, the Russian Federation,
                                               South Africa, Spain, the Republic of Turkey,
                                                                                                         dated Wire Industries ..............              142.26 liquidation will remain in effect until
                                               Ukraine, United Arab Emirates, and United               All-Others ....................................     135.46 further notice.
                                               Kingdom: Initiation of Less-Than-Fair-Value
                                               Investigations, 82 FR 19207 (April 20, 2017)
                                                                                                                                                              U.S. International Trade Commission
                                               (Initiation Notice).                                      6 See Preliminary Determination, 82 FR at 50383,     Notification
                                                  4 For discussion of these comments, see              50384; see also PDM at 11–16.
                                                                                                                                                                In accordance with section 735(d) of
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                                               Memorandum, ‘‘Carbon and Alloy Steel Wire Rod             7 See the Petitions for the Imposition of

                                               from Belarus, Italy, the Republic of Korea, the         Antidumping Duties on Carbon and Alloy Steel           the Act, we will notify the U.S.
                                               Russian Federation, South Africa, Spain, the            Wire Rod from Belarus, Italy, the Republic of Korea,   International Trade Commission (ITC) of
                                               Republic of Turkey, Ukraine, the United Arab            the Russian Federation, the Republic of South          our final determination of sales at LTFV
                                               Emirates, and the United Kingdom: Final Scope           Africa, Spain, Turkey, Ukraine, United Arab            and final affirmative determination of
                                               Memorandum’’ (Final Scope Decision                      Emirates, and the United Kingdom, dated March 28,
                                               Memorandum), dated November 20, 2017.                   2017 (the petition).                                   critical circumstances for South Africa.
                                                  5 See Preliminary Determination, 82 FR at 50383;       8 See Preliminary Determination, 82 FR at 50383,     Because the final determination in this
                                               see also PDM at 6–9.                                    50384–50385.                                           proceeding is affirmative, the ITC will


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                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                              2143

                                               make its final determination as to                      products (i.e., products that contain by               Time. The VCAT is composed of not
                                               whether the domestic industry in the                    weight one or more of the following                    fewer than 9 members appointed by the
                                               United States is materially injured, or                 elements: 0.1 percent of more of lead, 0.05            NIST Director who are eminent in such
                                                                                                       percent or more of bismuth, 0.08 percent or
                                               threatened with material injury, by                                                                            fields as business, research, new
                                                                                                       more of sulfur, more than 0.04 percent of
                                               reason of imports, or sales (or the                     phosphorous, more than 0.05 percent of                 product development, engineering,
                                               likelihood of sales) for importation of                 selenium, or more than 0.01 percent of                 labor, education, management
                                               wire rod from South Africa no later than                tellurium). All products meeting the physical          consulting, environment, and
                                               45 days after this final determination, in              description of subject merchandise that are            international relations.
                                               accordance with section 735(b)(2) of the                not specifically excluded are included in this         DATES: The VCAT will meet on
                                               Act. If the ITC determines that such                    scope.                                                 Wednesday, February 7, 2018, from 8:30
                                               injury does not exist, the proceeding                      The products under investigation are
                                                                                                       currently classifiable under subheadings               a.m. to 4:00 p.m. Eastern Time.
                                               will be terminated and all cash deposits                                                                       ADDRESSES: The meeting will be held in
                                                                                                       7213.91.3011, 7213.91.3015, 7213.91.3020,
                                               posted will be refunded or cancelled. If                7213.91.3093, 7213.91.4500, 7213.91.6000,              the Portrait Room, Administration
                                               the ITC determines that such injury                     7213.99.0030, 7227.20.0030, 7227.20.0080,              Building, at NIST, 100 Bureau Drive,
                                               exists, Commerce will issue an                          7227.90.6010, 7227.90.6020, 7227.90.6030,              Gaithersburg, Maryland 20899. Please
                                               antidumping duty order directing CBP                    and 7227.90.6035 of the HTSUS. Products                note admittance instructions under the
                                               to assess, upon further instruction by                  entered under subheadings 7213.99.0090 and
                                                                                                                                                              SUPPLEMENTARY INFORMATION section of
                                               Commerce, antidumping duties on all                     7227.90.6090 of the HTSUS may also be
                                                                                                       included in this scope if they meet the                this notice.
                                               imports of the subject merchandise
                                                                                                       physical description of subject merchandise            FOR FURTHER INFORMATION CONTACT:
                                               entered, or withdrawn from warehouse,
                                                                                                       above. Although the HTSUS subheadings are              Stephanie Shaw, VCAT, NIST, 100
                                               for consumption on or after the effective               provided for convenience and customs                   Bureau Drive, Mail Stop 1060,
                                               date of the suspension of liquidation, as               purposes, the written description of the               Gaithersburg, Maryland 20899–1060,
                                               discussed above in the ‘‘Continuation of                scope of these proceedings is dispositive.             telephone number 301–975–2667. Ms.
                                               Suspension of Liquidation’’ section.
                                                                                                       Appendix II                                            Shaw’s email address is
                                               Notification Regarding Administrative                                                                          stephanie.shaw@nist.gov.
                                               Protective Orders                                       List of Topics Discussed in the Issues and
                                                                                                       Decision Memorandum                                    SUPPLEMENTARY INFORMATION:
                                                  This notice serves as a reminder to                  I. Summary                                               Authority: 15 U.S.C. 278, as amended, and
                                               parties subject to an administrative                    II. Background                                         the Federal Advisory Committee Act, as
                                               protective order (APO) of their                         III. Period of Investigation                           amended, 5 U.S.C. App.
                                               responsibility concerning the                           IV. Scope of the Investigation                            The purpose of this meeting is for the
                                               disposition of proprietary information                  V. Discussion of the Issues:
                                                                                                                                                              VCAT to review and make
                                               disclosed under APO in accordance                          Comment 1: Affiliation and Collapsing of
                                                                                                             AMSA/Scaw/CWI                                    recommendations regarding general
                                               with 19 CFR 351.305(a)(3). Timely                                                                              policy for NIST, its organization, its
                                               written notification of the return or                      Comment 2: Application of Total AFA to
                                                                                                             AMSA/Scaw/CWI                                    budget, and its programs within the
                                               destruction of APO materials, or                                                                               framework of applicable national
                                                                                                          Comment 3: Commerce’s Statutory
                                               conversion to judicial protective order,                      Obligations Under 782(d) of the Act              policies as set forth by the President and
                                               is hereby requested. Failure to comply                     Comment 4: Verification                             the Congress. The agenda will include
                                               with the regulations and the terms of an                   Comment 5: Adjustment to AMSA’s                     an update on major programs at NIST.
                                               APO is a sanctionable violation.                              General and Administrative (G&A)                 In addition, the meeting will include
                                                                                                             Expense Ratio
                                               Notification to Interested Parties                                                                             presentations and discussions on NIST’s
                                                                                                          Comment 6: Adjustment to AMSA’s
                                                 These determinations are issued and                         Warranty Expenses                                role in cybersecurity and technology
                                               published in accordance with sections                      Comment 7: Adjustment to AMSA’s Direct              transfer from federal laboratories. The
                                               735(d) and 777(i)(1) of the Act and 19                        Selling Expenses                                 Committee also will present its initial
                                               CFR 351.210(c).                                            Comment 8: Denial of AMSA’s CEP Offset              observations, findings, and
                                                                                                       VI. Recommendation                                     recommendations for the 2017 VCAT
                                                 Dated: January 8, 2018.                                                                                      Annual Report. The agenda may change
                                                                                                       [FR Doc. 2018–00572 Filed 1–12–18; 8:45 am]
                                               Gary Taverman,                                                                                                 to accommodate Committee business.
                                                                                                       BILLING CODE 3510–DS–P
                                               Deputy Assistant Secretary for Antidumping                                                                     The final agenda will be posted on the
                                               and Countervailing Duty Operations,                                                                            NIST website at http://www.nist.gov/
                                               performing the non-exclusive functions and                                                                     director/vcat/agenda.cfm.
                                               duties of the Assistant Secretary for
                                                                                                       DEPARTMENT OF COMMERCE
                                               Enforcement and Compliance.
                                                                                                                                                                 Individuals and representatives of
                                                                                                       National Institute of Standards and                    organizations who would like to offer
                                               Appendix I                                              Technology                                             comments and suggestions related to the
                                               Scope of the Investigation                                                                                     Committee’s affairs are invited to
                                                                                                       Visiting Committee on Advanced                         request a place on the agenda.
                                                  The products covered by this investigation           Technology
                                               are certain hot-rolled products of carbon steel                                                                Approximately one-half hour will be
                                               and alloy steel, in coils, of approximately             AGENCY: National Institute of Standards                reserved for public comments and
                                               round cross section, less than 19.00 mm in              and Technology, Department of                          speaking times will be assigned on a
                                               actual solid cross-sectional diameter.                  Commerce.                                              first-come, first-serve basis. The amount
                                               Specifically excluded are steel products                                                                       of time per speaker will be determined
                                                                                                       ACTION: Notice of public meeting.
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                                               possessing the above-noted physical                                                                            by the number of requests received, but
                                               characteristics and meeting the Harmonized              SUMMARY:  The Visiting Committee on                    is likely to be about 3 minutes each. The
                                               Tariff Schedule of the United States (HTSUS)
                                               definitions for (a) stainless steel; (b) tool
                                                                                                       Advanced Technology (VCAT or                           exact time for public comments will be
                                               steel; (c) high-nickel steel; (d) ball bearing          Committee), National Institute of                      included in the final agenda that will be
                                               steel; or (e) concrete reinforcing bars and             Standards and Technology (NIST), will                  posted on the NIST website at http://
                                               rods. Also excluded are free cutting steel              meet in Wednesday, February 7, 2018,                   www.nist.gov/director/vcat/agenda.cfm.
                                               (also known as free machining steel)                    from 8:30 a.m. to 4:00 p.m. Eastern                    Questions from the public will not be


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Document Created: 2018-01-13 02:02:41
Document Modified: 2018-01-13 02:02:41
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.
ContactMoses Song or John McGowan, AD/CVD Operations, Office VI, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-3019, respectively.
FR Citation83 FR 2141 

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