83 FR 23417 - Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 98 (May 21, 2018)
International Trade Administration
Federal Register Volume 83, Issue 98 (May 21, 2018)
| Page Range | 23417-23420 | |
| FR Document | 2018-10879 |
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)] [Notices] [Pages 23417-23420] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10879] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-836, A-580-891, A-469-816, A-489-831, A-412-826] Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on carbon and alloy steel wire rod (wire rod) from Italy, the Republic of Korea (Korea), Spain, the Republic of Turkey (Turkey), and the United Kingdom. In addition, Commerce is amending its affirmative final determinations for Spain and Turkey to correct ministerial errors. DATES: Applicable May 21, 2018. FOR FURTHER INFORMATION CONTACT: Mark Flessner at (202) 482-6312 (Italy), Lingjun Wang at (202) 482-2316 (Korea), Chelsey Simonovich or Davina Friedmann at (202) 482-1979 or (202) 482-0698 (Spain), Ryan Mullen or Ian Hamilton at (202) 482-5260 and (202) 482-4798, respectively (Turkey), and Alice Maldonado at (202) 482-4682 (United Kingdom), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(a), 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (Act), and 19 CFR 351.210(c), on March 28, 2018, Commerce published its affirmative final determinations in the less-than-fair-value (LTFV) investigations of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom.\1\ --------------------------------------------------------------------------- \1\ See Carbon and Alloy Steel Wire Rod From Italy: Final Determination of Sales at Less Than Fair Value, 83 FR 13230 (March 28, 2018); Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 83 FR 13228 (March 28, 2018) and the accompanying Issues and Decision Memorandum; Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Than Fair Value, and Final Determination of Critical Circumstances, in Part, 83 FR 13233 (March 28, 2018) (Spain Final Determination) and the accompanying Issues and Decision Memorandum; Carbon and Alloy Steel Wire Rod from Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 83 FR 13249 (March 28, 2018) (Turkey Final Determination) and the accompanying Issues and Decision Memorandum; Carbon and Alloy Steel Wire Rod from the United Kingdom: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 83 FR 13252 (March 28, 2018) and the accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- On March 27, 2018, Nucor Corporation, a petitioner in these investigations (the petitioner), alleged that Commerce made a ministerial error in the Turkey Final Determination with regard to programming language identifying the U.S. date of sale for respondent Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas).\2\ On April 13, 2018, Commerce issued a ministerial error memorandum agreeing that it made a ministerial error, but found that revisions to the programming language had no impact on the final margin for Habas.\3\ On April 17, 2018, the petitioner commented on Commerce's ministerial error memorandum and alleged that Commerce misplaced the revised programming language used to correct Habas' U.S. date of sale, which incorrectly resulted in no change to the calculated margin.\4\ Habas did not comment on either allegation. --------------------------------------------------------------------------- \2\ See Petitioner's Letter, ``Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Ministerial Error Allegation,'' dated March 27, 2018. \3\ See Memorandum, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod From Turkey: Allegation of Ministerial Error in the Final Determination,'' dated April 13, 2018. \4\ See Petitioner's Letter, ``Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Comments on the Department's Ministerial Error Memorandum,'' dated April 17, 2018. --------------------------------------------------------------------------- On April 3, 2018, Global Steel Wire S.A., CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n (collectively, CELSA) alleged that Commerce made ministerial errors by mischaracterizing the destination codes in the final margin program in the Spain Final Determination. Additionally, CELSA alleges that Commerce failed to deduct all applicable U.S. constructed [[Page 23418]] export price (CEP) expenses in the margin calculation program.\5\ --------------------------------------------------------------------------- \5\ See CELSA's Letter, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod From Spain: Ministerial Errors Contained in the Final Determination,'' dated April 3, 2018. --------------------------------------------------------------------------- On May 11, 2018, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) and 705(d) of the Act, by reason of LTFV imports of subject merchandise from Italy, Korea, Spain, Turkey, and the United Kingdom, and its determinations that critical circumstances do not exist with respect to imports of wire rod from Spain and the United Kingdom that are subject to Commerce's affirmative critical circumstances findings.\6\ --------------------------------------------------------------------------- \6\ See Letter from the ITC to the Honorable Gary Taverman, May 11, 2018 (Notification of ITC Final Determinations); see also Carbon and Certain Alloy Steel Wire Rod From Italy, Korea, Spain, Turkey, and the United Kingdom, Investigation Nos. 701-TA-573-574 and 731- TA-1350, 1351, 1354, 1355, and 1358 (Final) (May 2018). --------------------------------------------------------------------------- Scope of the Orders The product covered by these orders is wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom. For a complete description of the scope of the orders, see the Appendix to this notice. Amendments to Final Determinations With respect to the Turkey Final Determination, Commerce reviewed the record and agrees that the error identified by the petitioner with respect to the placement of the revised programming language constitutes a ministerial error within the meaning of section 735(e) of the Act and 19 CFR 351.224(f).\7\ Therefore, pursuant to 19 CFR 351.224(e), Commerce is amending the Turkey Final Determination to reflect the correction of this ministerial error in the calculation of the final margin assigned to Habas, which changes from 4.74 percent to 4.93 percent.\8\ In addition, because the ``all-others'' rate is based on the margins for Habas and the other mandatory respondent, Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas),\9\ we are revising the ``all-others'' rate, which changes from 6.34 percent ad valorem to 6.44 percent ad valorem, consistent with section 735(c)(5)(A) of the Act, as stated in the Turkey Final Determination.\10\ --------------------------------------------------------------------------- \7\ See Memorandum, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod From Turkey: Allegation of Ministerial Error Memorandum for the Amended Final Determination,'' dated May 16, 2018. \8\ Id. at 3-4. \9\ Icdas' final margin remains unchanged; see Turkey Final Determination, 83 FR at 13250. \10\ See Memorandum, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod From Turkey: Calculation of All-Others' Rate in Amended Final Determination,'' dated May 16, 2018. --------------------------------------------------------------------------- With respect to the Spain Final Determination, Commerce reviewed the record and agrees that the errors identified by CELSA constitute ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) and that it unintentionally incorrectly defined CELSA's U.S. destination codes in the final margin calculation program.\11\ Commerce also finds that it unintentionally failed to deduct one of CELSA's CEP expenses in the final margin calculation program.\12\ --------------------------------------------------------------------------- \11\ See Memorandum, ``Antidumping Duty Investigation of Carbon and Alloy Steel Wire Rod From Spain: Ministerial Error Memorandum,'' dated May 15, 2018. \12\ Id. --------------------------------------------------------------------------- Therefore, pursuant to 19 CFR 351.224(e), Commerce is amending the Spain Final Determination to reflect the correction of ministerial errors made in the margin calculation for CELSA, which changes the final margin from 11.08 percent to 10.11 percent. In addition, because the ``all-others'' rate in the Spain Final Determination was based on the estimated weighted-average dumping margin calculated for CELSA,\13\ Commerce, consistent with section 735(c)(5)(A) of the Act, is also amending the ``all-others'' rate, which changes from 11.08 percent ad valorem to 10.11 percent ad valorem, as stated in the Spain Final Determination. --------------------------------------------------------------------------- \13\ See Spain Final Determination. --------------------------------------------------------------------------- Antidumping Duty Orders In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom.\14\ Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these antidumping duty orders. Because the ITC determined that imports of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom are materially injuring a U.S. industry, unliquidated entries of such merchandise from Italy, Korea, Spain, Turkey, and the United Kingdom, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \14\ See Notification of ITC Final Determinations. --------------------------------------------------------------------------- Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom. Antidumping duties will be assessed on unliquidated entries of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom entered, or withdrawn from warehouse, for consumption on or after October 31, 2017, the date of publication of the Preliminary Determinations.\15\ --------------------------------------------------------------------------- \15\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 50381 (October 31, 2017); Carbon and Alloy Steel Wire Rod from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 82 FR 50386 (October 31, 2017); Carbon and Alloy Steel Wire Rod from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Determination of Critical Circumstances, in Part, 82 FR 50389 (October 31, 2017); Carbon and Alloy Steel Wire Rod from Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 82 FR 50377 (October 31, 2017); Carbon and Alloy Steel Wire Rod from the United Kingdom: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, 82 FR 50394 (October 31, 2017) (collectively, Preliminary Determinations). --------------------------------------------------------------------------- Estimated Weighted-Average Dumping Margins The estimated weighted-average antidumping duty margin percentages and cash deposit rates are as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Exporter/producer Weighted-average dumping margins ------------------------------------------------------------------------ Italy: Ferriere Nord S.p.A./ Acciaierie di Verona S.p.A\16\.................... 12.41 Ferriera Valsider S.p.A....... 18.89 All-Others.................... 12.41 Korea: POSCO......................... 41.10 [[Page 23419]] All-Others.................... 41.10 Spain: Global Steel Wire S.A./CELSA Atlantic S.A./Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n............ 10.11 ArcelorMittal Espana S.A...... 32.64 ------------------------------------- All-Others.................... 10.11 ------------------------------------------------------------------------ Weighted-average Cash-deposit rate dumping margins (adjusted for (percent) export subsidies) (percent) ------------------------------------- Turkey: Habas Sinai ve Tibbi Gazlar 4.93 1.05 Istihsal Endustrisi A.S...... Icdas Celik Enerji Tersane ve 7.94 4.15 Ulasim Sanayi A.S............ ------------------------------------- All-Others.................... 6.44 2.59 ------------------------------------------------------------------------ Weighted-average dumping margins ------------------------------------- United Kingdom: British Steel Limited......... 147.63 Longs Steel UK Limited........ 147.63 All-Others.................... 147.63 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation --------------------------------------------------------------------------- \16\ Ferriere Nord S.p.A. and Acciaierie di Verona S.p.A. were treated as a single entity for the final determination. --------------------------------------------------------------------------- In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct CBP to continue to suspend liquidation of all relevant entries of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom, effective the date of publication of the ITC's notice of final determinations in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below, which are adjusted for certain countervailable export subsidies, where appropriate. Accordingly, effective on the date of publication of the ITC's final affirmative injury determinations in the Federal Register, CBP will require, at the same time as importers would normally deposit estimated duties on the subject merchandise, a cash deposit equal to the weighted-average dumping margins, adjusted for countervailable export subsidies, where appropriate, listed below.\17\ The relevant ``all-others'' rates apply to all producers or exporters not specifically listed below. --------------------------------------------------------------------------- \17\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that account for a significant proportion of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom, Commerce extended the four-month period to six months in each case.\18\ Commerce published the Preliminary Determinations for all five underlying investigations on October 31, 2017. Therefore, the extended period, beginning on the date of publication of the Preliminary Determinations, ended on April 28, 2018. Furthermore, section 737(b) of the Act states that the collection of final, estimated cash deposits will begin on the date of publication of the ITC's final injury determinations. --------------------------------------------------------------------------- \18\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, Turkey, and the United Kingdom: Postponement of Final Determinations of Less-Than-Fair-Value Investigation and Extension of Provisional Measures, 82 FR 51613 (November 7, 2017). --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom entered, or withdrawn from warehouse, for consumption after April 28, 2018, the final day on which the provisional measures were in effect in these proceedings, until and through the day preceding the date of publication of the ITC's final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determinations in the Federal Register. Critical Circumstances The ITC notified Commerce of its determinations that critical circumstances do not exist with respect to imports of wire rod from Spain and the United Kingdom subject to Commerce's critical circumstances finding.\19\ With regard to the ITC's negative critical circumstances determinations on imports of subject merchandise from Spain and the United Kingdom, Commerce will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 2, 2017 (i.e., 90 days prior to the date of publication of the Preliminary Determinations), but before October 31, 2017, (i.e., the date of publication of the Preliminary Determinations). --------------------------------------------------------------------------- \19\ Notification of ITC Final Determinations. --------------------------------------------------------------------------- Notification to Interested Parties This notice constitutes the antidumping orders with respect to wire rod from Italy, Korea, Spain, Turkey, and the United Kingdom, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. [[Page 23420]] These amended final determinations and orders are issued and published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.211(b) and 351.224(e) and (f). Dated: May 16, 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 Scope of the Orders The products covered by these orders are certain hot-rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross- sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) stainless steel; (b) tool steel; (c) high-nickel steel; (d) ball bearing steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel (also known as free machining steel) products (i.e., products that contain by weight one or more of the following elements: 0.1 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorous, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products under these orders are currently classifiable under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be included in this scope if they meet the physical description of subject merchandise above. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these proceedings is dispositive. [FR Doc. 2018-10879 Filed 5-18-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices 23417
review. The petitioners withdrew their Dated: May 15, 2018. rod from Italy, Korea, Spain, Turkey,
request for review within the 90-day James Maeder, and the United Kingdom.1
deadline. Because Commerce received Associate Deputy Assistant Secretary for On March 27, 2018, Nucor
no other requests for review of the Antidumping and Countervailing Duty Corporation, a petitioner in these
above-referenced companies, and no Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
investigations (the petitioner), alleged
other requests were made for a review that Commerce made a ministerial error
Countervailing Duty Operations.
of the AD order on honey from China in the Turkey Final Determination with
with respect to other companies, we are [FR Doc. 2018–10778 Filed 5–18–18; 8:45 am]
regard to programming language
rescinding the administrative review BILLING CODE 3510–DS–P
identifying the U.S. date of sale for
covering the period December 1, 2016, respondent Habas Sinai ve Tibbi Gazlar
through November 30, 2017, in full, in Istihsal Endustrisi A.S. (Habas).2 On
DEPARTMENT OF COMMERCE
accordance with 19 CFR 351.213(d)(1). April 13, 2018, Commerce issued a
Assessment International Trade Administration ministerial error memorandum agreeing
that it made a ministerial error, but
Commerce will instruct U.S. Customs [A–475–836, A–580–891, A–469–816, A–489– found that revisions to the programming
and Border Protection (CBP) to assess 831, A–412–826] language had no impact on the final
antidumping duties on all appropriate margin for Habas.3 On April 17, 2018,
entries of honey from China during the Carbon and Alloy Steel Wire Rod From the petitioner commented on
POR at rates equal to the cash deposit Italy, the Republic of Korea, Spain, the Commerce’s ministerial error
rate for estimated antidumping duties Republic of Turkey, and the United memorandum and alleged that
required at the time of entry, or Kingdom: Antidumping Duty Orders Commerce misplaced the revised
withdrawal from warehouse, for and Amended Final Affirmative programming language used to correct
consumption, in accordance with 19 Antidumping Duty Determinations for Habas’ U.S. date of sale, which
CFR 351.212(c)(1)(i). Commerce intends Spain and the Republic of Turkey incorrectly resulted in no change to the
to issue appropriate assessment calculated margin.4 Habas did not
AGENCY: Enforcement and Compliance,
instructions to CBP 15 days after comment on either allegation.
International Trade Administration,
publication of this notice in the Federal Department of Commerce. On April 3, 2018, Global Steel Wire
Register. S.A., CELSA Atlantic S.A., and
SUMMARY: Based on affirmative final
Notification to Importers determinations by the Department of Companı́a Española de Laminación
Commerce (Commerce) and the (collectively, CELSA) alleged that
This notice serves as the only International Trade Commission (ITC), Commerce made ministerial errors by
reminder to importers of their Commerce is issuing antidumping duty mischaracterizing the destination codes
responsibility under 19 CFR orders on carbon and alloy steel wire in the final margin program in the Spain
351.402(f)(2) to file a certificate rod (wire rod) from Italy, the Republic Final Determination. Additionally,
regarding the reimbursement of of Korea (Korea), Spain, the Republic of CELSA alleges that Commerce failed to
antidumping duties prior to liquidation Turkey (Turkey), and the United deduct all applicable U.S. constructed
of the relevant entries during this Kingdom. In addition, Commerce is
review period. Failure to comply with amending its affirmative final 1 See Carbon and Alloy Steel Wire Rod From Italy:
this requirement could result in the Final Determination of Sales at Less Than Fair
determinations for Spain and Turkey to Value, 83 FR 13230 (March 28, 2018); Carbon and
presumption that reimbursement of correct ministerial errors. Alloy Steel Wire Rod From the Republic of Korea:
antidumping duties occurred and the DATES: Applicable May 21, 2018. Final Affirmative Determination of Sales at Less
subsequent assessment of doubled Than Fair Value and Final Negative Determination
FOR FURTHER INFORMATION CONTACT: of Critical Circumstances, 83 FR 13228 (March 28,
antidumping duties.
Mark Flessner at (202) 482–6312 (Italy), 2018) and the accompanying Issues and Decision
Lingjun Wang at (202) 482–2316 Memorandum; Carbon and Alloy Steel Wire Rod
Notification Regarding Administrative From Spain: Final Determination of Sales at Less
Protective Order (Korea), Chelsey Simonovich or Davina Than Fair Value, and Final Determination of
Friedmann at (202) 482–1979 or (202) Critical Circumstances, in Part, 83 FR 13233 (March
This notice also serves as the only 482–0698 (Spain), Ryan Mullen or Ian 28, 2018) (Spain Final Determination) and the
reminder to parties subject to Hamilton at (202) 482–5260 and (202) accompanying Issues and Decision Memorandum;
Carbon and Alloy Steel Wire Rod from Turkey:
administrative protective orders (APO) 482–4798, respectively (Turkey), and Final Determination of Sales at Less Than Fair
of their responsibility concerning the Alice Maldonado at (202) 482–4682 Value and Final Negative Determination of Critical
disposition of proprietary information (United Kingdom), AD/CVD Operations, Circumstances, 83 FR 13249 (March 28, 2018)
disclosed under APO in accordance Enforcement and Compliance, (Turkey Final Determination) and the
accompanying Issues and Decision Memorandum;
with 19 CFR 351.305(a)(3), which International Trade Administration, Carbon and Alloy Steel Wire Rod from the United
continues to govern business Department of Commerce, 1401 Kingdom: Final Affirmative Determination of Sales
proprietary information in this segment Constitution Avenue NW, Washington, at Less Than Fair Value and Final Affirmative
of the proceeding. Timely written DC 20230. Determination of Critical Circumstances, 83 FR
13252 (March 28, 2018) and the accompanying
notification of the return or destruction SUPPLEMENTARY INFORMATION: Issues and Decision Memorandum.
of APO materials or conversion to 2 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
judicial protective order is hereby Background Wire Rod From the Republic of Turkey: Ministerial
sradovich on DSK3GMQ082PROD with NOTICES
requested. Failure to comply with the Error Allegation,’’ dated March 27, 2018.
In accordance with sections 735(a), 3 See Memorandum, ‘‘Antidumping Duty
regulations and the terms of an APO is 735(d) and 777(i)(1) of the Tariff Act of Investigation of Carbon and Alloy Steel Wire Rod
a sanctionable violation. 1930, as amended (Act), and 19 CFR From Turkey: Allegation of Ministerial Error in the
This notice is issued and published in 351.210(c), on March 28, 2018, Final Determination,’’ dated April 13, 2018.
4 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel
accordance with sections 751(a)(1) and Commerce published its affirmative
Wire Rod from the Republic of Turkey: Comments
777(i)(1) of the Act and 19 CFR final determinations in the less-than- on the Department’s Ministerial Error
351.213(d)(4). fair-value (LTFV) investigations of wire Memorandum,’’ dated April 17, 2018.
VerDate Sep<11>2014 18:20 May 18, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1](https://thefederalregister.org/doc/83_FR_23515/page/1.svg)
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These amended final determinations DEPARTMENT OF COMMERCE Commerce’s calculation of the final ad
and orders are issued and published in valorem subsidy rate pertaining to
accordance with sections 735(e) and International Trade Administration Ferriere Nord S.p.A.2 One of the
736(a) of the Act and 19 CFR 351.211(b) [C–475–837; C–489–832] petitioners, Nucor Corporation (Nucor),
and 351.224(e) and (f). filed rebuttal comments regarding
Carbon and Alloy Steel Wire Rod From Ferriere Nord S.p.A.’s allegation on
Dated: May 16, 2018.
Italy and the Republic of Turkey: April 2, 2018.3
Gary Taverman,
Amended Final Affirmative Also on March 27, 2018, Nucor
Deputy Assistant Secretary for Antidumping Countervailing Duty Determination for
and Countervailing Duty Operations,
alleged that Commerce made a
the Republic of Turkey and ministerial error in the Wire Rod from
performing the non-exclusive functions and Countervailing Duty Orders for Italy
duties of the Assistant Secretary for Turkey Final Determination.4 In
and the Republic of Turkey addition, on that same date, the
Enforcement and Compliance.
AGENCY: Enforcement and Compliance, Government of Turkey (GOT) alleged
Appendix that Commerce made a ministerial error
International Trade Administration,
Scope of the Orders Department of Commerce. in the Wire Rod from Turkey Final
SUMMARY: Based on affirmative final
Determination.5 Nucor filed rebuttal
The products covered by these orders are
determinations by the Department of comments regarding the GOT’s
certain hot-rolled products of carbon steel
Commerce (Commerce) and the allegation on April 2, 2018.6
and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in International Trade Commission (ITC), We reviewed the allegations and
actual solid cross-sectional diameter. Commerce is issuing the countervailing determined that we did not make
Specifically excluded are steel products duty (CVD) orders on carbon and alloy ministerial errors, within the meaning of
possessing the above-noted physical steel wire rod (wire rod) from Italy and section 705(e) of the Act and 19 CFR
characteristics and meeting the Harmonized the Republic of Turkey (Turkey). Also, 351.224(f), with respect to the Wire Rod
Tariff Schedule of the United States (HTSUS) as explained in this notice, Commerce is from Italy Final Determination;
definitions for (a) stainless steel; (b) tool amending its final affirmative however, we did make a ministerial
steel; (c) high-nickel steel; (d) ball bearing determination with respect to Turkey to error in the Wire Rod from Turkey Final
steel; or (e) concrete reinforcing bars and correct the rates assigned to Habas Sinai Determination. See ‘‘Amendment to the
rods. Also excluded are free cutting steel Ve Tibbi Gazlar Istih (Habas) and All- Final Determination’’ section below for
(also known as free machining steel) Others. further discussion.
products (i.e., products that contain by
DATES: Applicable May 21, 2018. On May 11, 2018, the ITC notified
weight one or more of the following
FOR FURTHER INFORMATION CONTACT: Commerce of its affirmative
elements: 0.1 percent or more of lead, 0.05
Yasmin Bordas at (202) 482–3813 (Italy), determination that an industry in the
percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of Justin Neuman at (202) 482–0486 United States is materially injured
phosphorous, more than 0.05 percent of (Turkey), or Omar Qureshi at (202) 482– within the meaning of section
selenium, or more than 0.01 percent of 5307 (Turkey), AD/CVD Operations, 705(b)(1)(A)(i) and 705(d) of the Act, by
tellurium). All products meeting the physical Enforcement and Compliance, reason of subsidized imports of subject
description of subject merchandise that are International Trade Administration, merchandise from Italy and Turkey, and
not specifically excluded are included in this U.S. Department of Commerce, 1401 its determination that critical
scope. Constitution Avenue NW, Washington, circumstances do not exist with respect
The products under these orders are DC 20230. to imports of wire rod from Turkey that
currently classifiable under subheadings SUPPLEMENTARY INFORMATION:
are subject to Commerce’s affirmative
7213.91.3011, 7213.91.3015, 7213.91.3020, critical circumstances finding.7
7213.91.3093; 7213.91.4500, 7213.91.6000, Background
2 See Letter from Ferriere Nord, S.p.A.,
7213.99.0030, 7227.20.0030, 7227.20.0080, In accordance with sections 705(a),
‘‘Countervailing Duty Investigation of Carbon and
7227.90.6010, 7227.90.6020, 7227.90.6030, 705(d), and 777(i) of the Tariff Act of Alloy Steel Wire Rod from Italy: Ferriere Nord
and 7227.90.6035 of the HTSUS. Products 1930, as amended (Act), and 19 CFR Request to Correct Ministerial Errors in the Final
entered under subheadings 7213.99.0090 and 351.210(c), on March 28, 2018, Determination,’’ dated March 27, 2018.
7227.90.6090 of the HTSUS also may be Commerce published its affirmative 3 See Letter from Nucor, ‘‘Carbon and Alloy Steel
included in this scope if they meet the final determinations that Wire Rod from the Republic of Italy: Rebuttal
physical description of subject merchandise Ministerial Error Comments,’’ dated April 2, 2018.
countervailable subsidies are being 4 See Letter from Nucor, ‘‘Carbon and Alloy Steel
above. Although the HTSUS subheadings are provided to producers and exporters of Wire Rod from the Republic of Turkey: Ministerial
provided for convenience and customs wire rod from Italy and Turkey.1 Error Allegation,’’ dated March 27, 2018 (Nucor
purposes, the written description of the On March 27, 2018, Ferriere Nord Ministerial Error Allegation).
scope of these proceedings is dispositive. S.p.A. alleged that Commerce made 5 See Letter from the GOT, ‘‘Request of
Government of Turkey for Correction of Ministerial
[FR Doc. 2018–10879 Filed 5–18–18; 8:45 am] ministerial errors in the Wire Rod from Error on Final Determination in CVD Proceeding on
BILLING CODE 3510–DS–P Italy Final Determination with regard to Carbon and Alloy Steel Wire Rod from the Republic
of Turkey,’’ dated March 27, 2018 (GOT Ministerial
1 See Countervailing Duty Investigation of Carbon Error Allegation).
6 See Letter from Nucor, ‘‘Carbon and Alloy Steel
and Alloy Steel Wire Rod from Italy: Final
Affirmative Determination, 83 FR 13242 (March 28, Wire Rod from the Republic of Turkey: Rebuttal
sradovich on DSK3GMQ082PROD with NOTICES
2018) (Wire Rod from Italy Final Determination) Ministerial Error Comments,’’ dated April 2, 2018
and the accompanying Issues and Decision (Nucor Rebuttal Comments).
Memorandum; Carbon and Alloy Steel Wire Rod 7 See Letters to Gary Taverman, Acting Assistant
from the Republic of Turkey: Final Affirmative Secretary of Commerce for Enforcement and
Countervailing Duty Determination, and Final Compliance, from Rhonda K. Schmidtlein,
Affirmative Critical Circumstances Determination, Chairman of the U.S. International Trade
in Part, 83 FR 13239 (March 28, 2018) (Wire Rod Commission, regarding carbon and alloy steel wire
from Turkey Final Determination) and the rod from Italy and the Republic of Turkey (May 11,
accompanying Issues and Decision Memorandum. 2018) (ITC Letter).
VerDate Sep<11>2014 18:20 May 18, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1](https://thefederalregister.org/doc/83_FR_23515/page/4.svg)
Document Created: 2018-11-02 11:08:15
Document Modified: 2018-11-02 11:08:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable May 21, 2018. | |
| Contact | Mark Flessner at (202) 482-6312 (Italy), Lingjun Wang at (202) 482-2316 (Korea), Chelsey Simonovich or Davina Friedmann at (202) 482-1979 or (202) 482-0698 (Spain), Ryan Mullen or Ian Hamilton at (202) 482-5260 and (202) 482-4798, respectively (Turkey), and Alice Maldonado at (202) 482-4682 (United Kingdom), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 23417 |
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