83_FR_23518 83 FR 23420 - Carbon and Alloy Steel Wire Rod From Italy and the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination for the Republic of Turkey and Countervailing Duty Orders for Italy and the Republic of Turkey

83 FR 23420 - Carbon and Alloy Steel Wire Rod From Italy and the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination for the Republic of Turkey and Countervailing Duty Orders for Italy and the Republic of Turkey

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23420-23422
FR Document2018-10880

Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the countervailing duty (CVD) orders on carbon and alloy steel wire rod (wire rod) from Italy and the Republic of Turkey (Turkey). Also, as explained in this notice, Commerce is amending its final affirmative determination with respect to Turkey to correct the rates assigned to Habas Sinai Ve Tibbi Gazlar Istih (Habas) and All- Others.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23420-23422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10880]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-837; C-489-832]


Carbon and Alloy Steel Wire Rod From Italy and the Republic of 
Turkey: Amended Final Affirmative Countervailing Duty Determination for 
the Republic of Turkey and Countervailing Duty Orders for Italy 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 the countervailing duty (CVD) orders on carbon and 
alloy steel wire rod (wire rod) from Italy and the Republic of Turkey 
(Turkey). Also, as explained in this notice, Commerce is amending its 
final affirmative determination with respect to Turkey to correct the 
rates assigned to Habas Sinai Ve Tibbi Gazlar Istih (Habas) and All-
Others.

DATES: Applicable May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813 
(Italy), Justin Neuman at (202) 482-0486 (Turkey), or Omar Qureshi at 
(202) 482-5307 (Turkey), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(a), 705(d), and 777(i) 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 that 
countervailable subsidies are being provided to producers and exporters 
of wire rod from Italy and Turkey.\1\
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Carbon and Alloy 
Steel Wire Rod from Italy: Final Affirmative Determination, 83 FR 
13242 (March 28, 2018) (Wire Rod from Italy Final Determination) and 
the accompanying Issues and Decision Memorandum; Carbon and Alloy 
Steel Wire Rod from the Republic of Turkey: Final Affirmative 
Countervailing Duty Determination, and Final Affirmative Critical 
Circumstances Determination, in Part, 83 FR 13239 (March 28, 2018) 
(Wire Rod from Turkey Final Determination) and the accompanying 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On March 27, 2018, Ferriere Nord S.p.A. alleged that Commerce made 
ministerial errors in the Wire Rod from Italy Final Determination with 
regard to Commerce's calculation of the final ad valorem subsidy rate 
pertaining to Ferriere Nord S.p.A.\2\ One of the petitioners, Nucor 
Corporation (Nucor), filed rebuttal comments regarding Ferriere Nord 
S.p.A.'s allegation on April 2, 2018.\3\
---------------------------------------------------------------------------

    \2\ See Letter from Ferriere Nord, S.p.A., ``Countervailing Duty 
Investigation of Carbon and Alloy Steel Wire Rod from Italy: 
Ferriere Nord Request to Correct Ministerial Errors in the Final 
Determination,'' dated March 27, 2018.
    \3\ See Letter from Nucor, ``Carbon and Alloy Steel Wire Rod 
from the Republic of Italy: Rebuttal Ministerial Error Comments,'' 
dated April 2, 2018.
---------------------------------------------------------------------------

    Also on March 27, 2018, Nucor alleged that Commerce made a 
ministerial error in the Wire Rod from Turkey Final Determination.\4\ 
In addition, on that same date, the Government of Turkey (GOT) alleged 
that Commerce made a ministerial error in the Wire Rod from Turkey 
Final Determination.\5\ Nucor filed rebuttal comments regarding the 
GOT's allegation on April 2, 2018.\6\
---------------------------------------------------------------------------

    \4\ See Letter from Nucor, ``Carbon and Alloy Steel Wire Rod 
from the Republic of Turkey: Ministerial Error Allegation,'' dated 
March 27, 2018 (Nucor Ministerial Error Allegation).
    \5\ See Letter from the GOT, ``Request of Government of Turkey 
for Correction of Ministerial Error on Final Determination in CVD 
Proceeding on Carbon and Alloy Steel Wire Rod from the Republic of 
Turkey,'' dated March 27, 2018 (GOT Ministerial Error Allegation).
    \6\ See Letter from Nucor, ``Carbon and Alloy Steel Wire Rod 
from the Republic of Turkey: Rebuttal Ministerial Error Comments,'' 
dated April 2, 2018 (Nucor Rebuttal Comments).
---------------------------------------------------------------------------

    We reviewed the allegations and determined that we did not make 
ministerial errors, within the meaning of section 705(e) of the Act and 
19 CFR 351.224(f), with respect to the Wire Rod from Italy Final 
Determination; however, we did make a ministerial error in the Wire Rod 
from Turkey Final Determination. See ``Amendment to the Final 
Determination'' section below for further discussion.
    On May 11, 2018, the ITC notified Commerce of its affirmative 
determination 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 subsidized imports of subject merchandise from Italy 
and Turkey, and its determination that critical circumstances do not 
exist with respect to imports of wire rod from Turkey that are subject 
to Commerce's affirmative critical circumstances finding.\7\
---------------------------------------------------------------------------

    \7\ See Letters to Gary Taverman, Acting Assistant Secretary of 
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, 
Chairman of the U.S. International Trade Commission, regarding 
carbon and alloy steel wire rod from Italy and the Republic of 
Turkey (May 11, 2018) (ITC Letter).

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[[Page 23421]]

Scope of the Orders

    The scope of these orders covers wire rod from Italy and Turkey. 
For a complete description of the scope, see the Appendix to this 
notice.

Amendment to the Final Determination

    With respect to the Wire Rod from Italy Final Determination, we 
analyzed Ferriere Nord S.p.A.'s submission and disagree that Commerce 
made ministerial errors regarding the benefit calculation of the Energy 
Interruptibility Contracts program.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Countervailing Duty Investigation of 
Carbon and Alloy Steel Wire Rod from Italy: Allegations of 
Ministerial Errors in the Final Determination with Regards to 
Ferriere Nord S.p.A.,'' dated May 7, 2018.
---------------------------------------------------------------------------

    With respect to the Wire Rod from Turkey Final Determination, we 
analyzed Nucor's submission and agree that Commerce made a ministerial 
error regarding the deduction of expenses from loans received by 
respondent Habas Sinai ve Tibbi Galzlar Istihsal Endustrisi A.S. 
(Habas). However, we do not agree that the error alleged by the GOT 
constitutes a ministerial error. Pursuant to 19 CFR 351.224(e), 
Commerce is amending the Wire Rod from Turkey Final Determination to 
reflect the correction of the ministerial error described above. The 
correction of this ministerial error increased Habas' subsidy rate from 
3.86 percent ad valorem to 3.88 percent ad valorem.\9\ Because the 
``all-others'' rate is based, in part, on Habas' ad valorem subsidy 
rate, the correction noted above also increases the ``all-others'' rate 
determined in the Wire Rod from Turkey Final Determination from 3.84 
percent ad valorem to 3.85 percent ad valorem.\10\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from the 
Republic of Turkey: Amended Final Determination of Countervailing 
Duty Investigation Pursuant to Ministerial Error Allegation,'' dated 
May 3, 2018.
    \10\ Id.
---------------------------------------------------------------------------

Countervailing Duty Orders

    On May 11, 2018, in accordance with sections 705(b)(1)(A)(i) and 
705(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 and Turkey.\11\ Therefore, in accordance 
with section 705(c)(2) of the Act, Commerce is issuing these 
countervailing duty orders. Because the ITC determined that imports of 
wire rod from Italy and Turkey are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Italy and Turkey, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of countervailing duties.
---------------------------------------------------------------------------

    \11\ See ITC Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of wire rod from Italy and Turkey. Countervailing duties will 
be assessed on unliquidated entries of wire rod from Italy and Turkey 
entered, or withdrawn from warehouse, for consumption on or after 
September 5, 2017, the date of publication of the Preliminary 
Determinations,\12\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination as further described below.
---------------------------------------------------------------------------

    \12\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary 
Affirmative Countervailing Duty Determination, 82 FR 41931 
(September 5, 2017) (Italy Wire Rod Preliminary Determination) and 
the accompanying Preliminary Decision Memorandum; see also Carbon 
and Alloy Steel Wire Rod from the Republic of Turkey: Preliminary 
Affirmative Countervailing Duty Determination and Preliminary 
Affirmative Critical Circumstances Determination, in Part., 82 FR 
41929 (September 5, 2017) (Turkey Wire Rod Preliminary 
Determination) and the accompanying Preliminary Decision Memorandum 
(collectively, Preliminary Determinations).
---------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    In accordance with section 706 of the Act, we will instruct CBP to 
suspend liquidation on all relevant entries of wire rod from Italy and 
Turkey, as further described below. 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. Accordingly, effective on the date of publication of 
the ITC's final affirmative injury determinations, CBP will require, at 
the same time as importers would normally deposit estimated duties on 
this subject merchandise, a cash deposit equal to the subsidy rates 
listed below.\13\ The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
---------------------------------------------------------------------------

    \13\ See section 706(a)(3) of the Act.

                           Wire Rod From Italy
------------------------------------------------------------------------
                                                                Subsidy
                           Company                             rate  (%)
------------------------------------------------------------------------
Ferriere Nord S.p.A \14\.....................................       4.16
Ferriera Valsider S.p.A......................................      44.18
All-Others...................................................       4.16
------------------------------------------------------------------------


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

    \14\ Commerce has found the following companies to be cross-
owned with Ferriere Nord S.p.A: FIN FER S.p.A., Acciaierie di Verona 
S.p.A., and SIAT S.p.A. See Wire Rod From Italy Final Determination 
(unchanged from Italy Wire Rod Preliminary Determination and the 
accompanying Preliminary Decision Memorandum at 6).

                          Wire Rod From Turkey
------------------------------------------------------------------------
                                                                Subsidy
                           Company                             rate  (%)
------------------------------------------------------------------------
Habas Sinai Ve Tibbi Gazlar Istih (Habas)....................       3.88
Icdas Celik Eberji Tersane Ve Ulasim San (Icdas).............       3.81
All-Others...................................................       3.85
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigations, Commerce 
published the Preliminary Determinations on September 5, 2017. As such, 
the four-month period beginning on the date of the publication of the 
Preliminary Determinations ended on January 3, 2018. Furthermore, 
section 707(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination. 
Therefore, in accordance with section 703(d) of the Act and our 
practice, we instructed CBP to terminate the suspension of liquidation 
and to liquidate, without regard to countervailing duties, unliquidated 
entries of wire rod from Italy and Turkey entered, or withdrawn from 
warehouse, for consumption, on or after January 3, 2018, the date the 
provisional measures expired, until and through the day preceding the 
date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Critical Circumstances

    The ITC notified Commerce of its determination that critical 
circumstances do not exist with respect to imports of wire rod from 
Turkey subject to Commerce's critical circumstances finding.\15\ With 
regard to the ITC's negative critical circumstances determination on 
imports of wire rod steel from Turkey, we will instruct CBP to lift 
suspension and to refund any cash deposits made to secure the payment 
of estimated countervailing duties with respect to entries of the

[[Page 23422]]

subject merchandise entered, or withdrawn from warehouse for 
consumption on or after June 7, 2017 (i.e., 90 days prior to the date 
of the publication of the Turkey Wire Rod Preliminary Determination), 
but before September 5, 2017 (i.e., the date of publication of the 
Turkey Wire Rod Preliminary Determination).
---------------------------------------------------------------------------

    \15\ See ITC Letter.
---------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to wire rod from Italy and Turkey pursuant to section 706(a) of the 
Act. Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    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. 2018-10880 Filed 5-18-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                23420                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                  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).



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                                                                                 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices                                                              23421

                                                Scope of the Orders                                     merchandise from Italy and Turkey,
                                                  The scope of these orders covers wire                 entered or withdrawn from warehouse
                                                rod from Italy and Turkey. For a                        for consumption, are subject to the                              WIRE ROD FROM TURKEY
                                                complete description of the scope, see                  assessment of countervailing duties.
                                                                                                                                                                                                                  Subsidy
                                                the Appendix to this notice.                               Therefore, in accordance with section                               Company                             rate
                                                                                                        706(a) of the Act, Commerce will direct                                                                     (%)
                                                Amendment to the Final Determination                    U.S. Customs and Border Protection
                                                   With respect to the Wire Rod from                    (CBP) to assess, upon further instruction             Habas Sinai Ve Tibbi Gazlar Istih
                                                Italy Final Determination, we analyzed                  by Commerce, countervailing duties for                  (Habas) .....................................         3.88
                                                Ferriere Nord S.p.A.’s submission and                   all relevant entries of wire rod from Italy           Icdas Celik Eberji Tersane Ve
                                                                                                                                                                Ulasim San (Icdas) ...................                3.81
                                                disagree that Commerce made                             and Turkey. Countervailing duties will                All-Others ......................................       3.85
                                                ministerial errors regarding the benefit                be assessed on unliquidated entries of
                                                calculation of the Energy Interruptibility              wire rod from Italy and Turkey entered,               Provisional Measures
                                                Contracts program.8                                     or withdrawn from warehouse, for
                                                   With respect to the Wire Rod from                    consumption on or after September 5,                     Section 703(d) of the Act states that
                                                Turkey Final Determination, we                          2017, the date of publication of the                  instructions issued pursuant to an
                                                analyzed Nucor’s submission and agree                   Preliminary Determinations,12 but will                affirmative preliminary determination
                                                that Commerce made a ministerial error                  not include entries occurring after the               may not remain in effect for more than
                                                regarding the deduction of expenses                     expiration of the provisional measures                four months. In the underlying
                                                from loans received by respondent                       period and before publication of the                  investigations, Commerce published the
                                                Habas Sinai ve Tibbi Galzlar Istihsal                   ITC’s final injury determination as                   Preliminary Determinations on
                                                Endustrisi A.S. (Habas). However, we do                 further described below.                              September 5, 2017. As such, the four-
                                                not agree that the error alleged by the                                                                       month period beginning on the date of
                                                GOT constitutes a ministerial error.                    Amended Cash Deposits and                             the publication of the Preliminary
                                                Pursuant to 19 CFR 351.224(e),                          Suspension of Liquidation                             Determinations ended on January 3,
                                                Commerce is amending the Wire Rod                                                                             2018. Furthermore, section 707(b) of the
                                                                                                           In accordance with section 706 of the              Act states that definitive duties are to
                                                from Turkey Final Determination to                      Act, we will instruct CBP to suspend
                                                reflect the correction of the ministerial                                                                     begin on the date of publication of the
                                                                                                        liquidation on all relevant entries of                ITC’s final injury determination.
                                                error described above. The correction of                wire rod from Italy and Turkey, as
                                                this ministerial error increased Habas’                                                                       Therefore, in accordance with section
                                                                                                        further described below. These                        703(d) of the Act and our practice, we
                                                subsidy rate from 3.86 percent ad                       instructions suspending liquidation will
                                                valorem to 3.88 percent ad valorem.9                                                                          instructed CBP to terminate the
                                                                                                        remain in effect until further notice.                suspension of liquidation and to
                                                Because the ‘‘all-others’’ rate is based, in            Commerce will also instruct CBP to
                                                part, on Habas’ ad valorem subsidy rate,                                                                      liquidate, without regard to
                                                                                                        require cash deposits equal to the                    countervailing duties, unliquidated
                                                the correction noted above also                         amounts as indicated below.
                                                increases the ‘‘all-others’’ rate                                                                             entries of wire rod from Italy and
                                                                                                        Accordingly, effective on the date of                 Turkey entered, or withdrawn from
                                                determined in the Wire Rod from                         publication of the ITC’s final affirmative
                                                Turkey Final Determination from 3.84                                                                          warehouse, for consumption, on or after
                                                                                                        injury determinations, CBP will require,              January 3, 2018, the date the provisional
                                                percent ad valorem to 3.85 percent ad                   at the same time as importers would                   measures expired, until and through the
                                                valorem.10                                              normally deposit estimated duties on                  day preceding the date of publication of
                                                Countervailing Duty Orders                              this subject merchandise, a cash deposit              the ITC’s final injury determination in
                                                                                                        equal to the subsidy rates listed below.13            the Federal Register. Suspension of
                                                   On May 11, 2018, in accordance with                  The all-others rate applies to all
                                                sections 705(b)(1)(A)(i) and 705(d) of the                                                                    liquidation will resume on the date of
                                                                                                        producers or exporters not specifically               publication of the ITC’s final
                                                Act, the ITC notified Commerce of its                   listed, as appropriate.
                                                final determinations in these                                                                                 determination in the Federal Register.
                                                investigations, in which it found that an                                                                          Critical Circumstances
                                                                                                                  WIRE ROD FROM ITALY
                                                industry in the United States is                                                                                     The ITC notified Commerce of its
                                                materially injured by reason of imports                                                                   Subsidy  determination that critical
                                                of wire rod from Italy and Turkey.11                                   Company                             rate    circumstances do not exist with respect
                                                Therefore, in accordance with section                                                                       (%)    to imports of wire rod from Turkey
                                                705(c)(2) of the Act, Commerce is                                                                                  subject to Commerce’s critical
                                                issuing these countervailing duty                       Ferriere Nord S.p.A 14 ..................             4.16
                                                                                                                                                                   circumstances finding.15 With regard to
                                                orders. Because the ITC determined that                 Ferriera Valsider S.p.A .................            44.18
                                                                                                                                                                   the ITC’s negative critical circumstances
                                                imports of wire rod from Italy and                      All-Others ......................................     4.16
                                                                                                                                                                   determination on imports of wire rod
                                                Turkey are materially injuring a U.S.                                                                              steel from Turkey, we will instruct CBP
                                                industry, unliquidated entries of such                     12 See Carbon and Alloy Steel Wire Rod from             to lift suspension and to refund any
                                                   8 See Memorandum, ‘‘Countervailing Duty
                                                                                                        Italy: Preliminary Affirmative Countervailing Duty         cash deposits made to secure the
                                                                                                        Determination, 82 FR 41931 (September 5, 2017)             payment of estimated countervailing
                                                Investigation of Carbon and Alloy Steel Wire Rod        (Italy Wire Rod Preliminary Determination) and the
                                                from Italy: Allegations of Ministerial Errors in the    accompanying Preliminary Decision Memorandum;
                                                                                                                                                                   duties with respect to entries of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                Final Determination with Regards to Ferriere Nord       see also Carbon and Alloy Steel Wire Rod from the
                                                S.p.A.,’’ dated May 7, 2018.                            Republic of Turkey: Preliminary Affirmative             14 Commerce has found the following companies
                                                   9 See Memorandum, ‘‘Carbon and Alloy Steel
                                                                                                        Countervailing Duty Determination and Preliminary     to be cross-owned with Ferriere Nord S.p.A: FIN
                                                Wire Rod from the Republic of Turkey: Amended           Affirmative Critical Circumstances Determination,     FER S.p.A., Acciaierie di Verona S.p.A., and SIAT
                                                Final Determination of Countervailing Duty              in Part., 82 FR 41929 (September 5, 2017) (Turkey     S.p.A. See Wire Rod From Italy Final Determination
                                                Investigation Pursuant to Ministerial Error             Wire Rod Preliminary Determination) and the           (unchanged from Italy Wire Rod Preliminary
                                                Allegation,’’ dated May 3, 2018.                        accompanying Preliminary Decision Memorandum          Determination and the accompanying Preliminary
                                                   10 Id.                                               (collectively, Preliminary Determinations).           Decision Memorandum at 6).
                                                   11 See ITC Letter.                                     13 See section 706(a)(3) of the Act.                  15 See ITC Letter.




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                                                23422                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                subject merchandise entered, or                         purposes, the written description of the              Centralized Electronic Service System
                                                withdrawn from warehouse for                            scope of these proceedings is dispositive.            (ACCESS). ACCESS is available to
                                                consumption on or after June 7, 2017                    [FR Doc. 2018–10880 Filed 5–18–18; 8:45 am]           registered users at http://
                                                (i.e., 90 days prior to the date of the                 BILLING CODE 3510–DS–P                                access.trade.gov, and is available to all
                                                publication of the Turkey Wire Rod                                                                            parties in the Central Records Unit,
                                                Preliminary Determination), but before                                                                        room B8024 of the main Department of
                                                September 5, 2017 (i.e., the date of                    DEPARTMENT OF COMMERCE                                Commerce building. In addition, a
                                                publication of the Turkey Wire Rod                                                                            complete version of the Issues and
                                                Preliminary Determination).                             International Trade Administration                    Decision Memorandum can be accessed
                                                                                                        [C–533–880]                                           directly at http://enforcement.trade.gov/
                                                Notifications to Interested Parties                                                                           frn/. The signed and electronic versions
                                                   This notice constitutes the                          Polytetrafluoroethylene Resin From                    of the Issues and Decision
                                                countervailing duty orders with respect                 India: Final Affirmative Countervailing               Memorandum are identical in content.
                                                to wire rod from Italy and Turkey                       Duty Determination                                    Scope of the Investigation
                                                pursuant to section 706(a) of the Act.                  AGENCY:   Enforcement and Compliance,                   The product covered by this
                                                Interested parties can find a list of                   International Trade Administration,                   investigation is PTFE resin from India.
                                                countervailing duty orders currently in                 Department of Commerce.                               For a complete description of the scope
                                                effect at http://enforcement.trade.gov/                                                                       of this investigation, see Appendix I.
                                                                                                        SUMMARY: The Department of Commerce
                                                stats/iastats1.html.
                                                                                                        (Commerce) determines that                            Scope Comments
                                                   These orders are issued and published                countervailable subsidies are being
                                                in accordance with section 706(a) of the                provided to producers and exporters of                   In accordance with the Preliminary
                                                Act and 19 CFR 351.211(b).                              polytetrafluoroethylene resin (PTFE                   Scope Decision Memorandum,3
                                                  Dated: May 16, 2018.                                  resin) from India. The period of                      Commerce provided parties an
                                                                                                        investigation is April 1, 2016, through               opportunity to provide comments on all
                                                Gary Taverman,
                                                                                                        March 31, 2017.                                       issues regarding product coverage, (i.e.,
                                                Deputy Assistant Secretary, for Antidumping                                                                   scope). Although certain interested
                                                and Countervailing Duty Operations,                     DATES: Applicable May 21, 2018.
                                                                                                                                                              parties commented on the scope of the
                                                performing the non-exclusive functions and              FOR FURTHER INFORMATION CONTACT:
                                                duties of the Assistant Secretary for
                                                                                                                                                              investigation as it appeared in the
                                                                                                        Toby Vandall, Emily Halle, or Aimee                   Initiation Notice,4 we preliminarily
                                                Enforcement and Compliance.                             Phelan, AD/CVD Operations, Office I,                  made no modifications to the scope of
                                                Appendix                                                Enforcement and Compliance,                           the investigation.5 No parties
                                                                                                        International Trade Administration,                   commented on our Preliminary Scope
                                                Scope of the Orders                                     U.S. Department of Commerce, 1401                     Decision Memorandum. As a result, in
                                                   The products covered by these orders are             Constitution Avenue NW, Washington,                   this final determination, we are
                                                certain hot-rolled products of carbon steel             DC 20230; telephone: (202) 482–1664,                  adopting the preliminary decision not to
                                                and alloy steel, in coils, of approximately             (202) 482–0176, or (202) 482–0697,                    modify the scope language.
                                                round cross section, less than 19.00 mm in              respectively.
                                                actual solid cross-sectional diameter.                                                                        Methodology
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Specifically excluded are steel products                                                                         Commerce conducted this
                                                possessing the above-noted physical                     Background                                            investigation in accordance with section
                                                characteristics and meeting the Harmonized                                                                    701 of the Act. For each of the subsidy
                                                                                                          This final determination is made in
                                                Tariff Schedule of the United States (HTSUS)
                                                                                                        accordance with section 705 of the                    programs found countervailable, we
                                                definitions for (a) stainless steel; (b) tool
                                                steel; (c) high-nickel steel; (d) ball bearing          Tariff Act of 1930, as amended (the Act).             determine that there is a subsidy, i.e., a
                                                steel; or (e) concrete reinforcing bars and             Commerce published the Preliminary                    financial contribution by an ‘‘authority’’
                                                rods. Also excluded are free cutting steel              Determination of this investigation on                that gives rise to a benefit to the
                                                (also known as free machining steel)                    March 8, 2018.1 For a complete                        recipient, and that the subsidy is
                                                products (i.e., products that contain by                description of the events that followed               specific.6
                                                weight one or more of the following                     the publication of the Preliminary                       The subsidy programs under
                                                elements: 0.1 percent or more of lead, 0.05             Determination, see the Issues and                     investigation, and the issues raised in
                                                percent or more of bismuth, 0.08 percent or             Decision Memorandum issued                            the case and rebuttal briefs submitted by
                                                more of sulfur, more than 0.04 percent of               concurrently with this notice.2 A list of             the parties, are discussed in the Issues
                                                phosphorous, more than 0.05 percent of                  topics discussed in the Issues and                    and Decision Memorandum. A list of
                                                selenium, or more than 0.01 percent of                                                                        the issues that parties raised, and to
                                                                                                        Decision Memorandum is included as
                                                tellurium). All products meeting the physical                                                                 which we responded in the Issues and
                                                description of subject merchandise that are             Appendix II to this notice. The Issues
                                                                                                        and Decision Memorandum is a public                   Decision Memorandum, is attached to
                                                not specifically excluded are included in this
                                                                                                        document and is on file electronically                this notice at Appendix II.
                                                scope.
                                                   The products under these orders are                  via Enforcement and Compliance’s                        3 See Memorandum, ‘‘Polytetrafluoroethylene
                                                currently classifiable under subheadings                Antidumping and Countervailing Duty                   Resin from India and the People’s Republic of
                                                7213.91.3011, 7213.91.3015, 7213.91.3020,                                                                     China: Scope Comments Decision Memorandum for
                                                7213.91.3093; 7213.91.4500, 7213.91.6000,                 1 See Polytetrafluoroethylene Resin from India:     the Preliminary Determinations,’’ dated February
                                                7213.99.0030, 7227.20.0030, 7227.20.0080,               Preliminary Affirmative Countervailing Duty           28, 2018 (Preliminary Scope Decision
sradovich on DSK3GMQ082PROD with NOTICES




                                                7227.90.6010, 7227.90.6020, 7227.90.6030,               Determination, 83 FR 9842 (March 8, 2018)             Memorandum).
                                                and 7227.90.6035 of the HTSUS. Products                 (Preliminary Determination) and accompanying            4 See Polytetrafluoroethylene Resin from India:

                                                                                                        Preliminary Decision Memorandum.                      Initiation of Countervailing Duty Investigation, 82
                                                entered under subheadings 7213.99.0090 and                2 See Memorandum, ‘‘Decision Memorandum for         FR 49592 (October 26, 2017) (Initiation Notice).
                                                7227.90.6090 of the HTSUS also may be                                                                           5 See Preliminary Scope Decision Memorandum.
                                                                                                        the Final Determination in the Countervailing Duty
                                                included in this scope if they meet the                 Investigation of Polytetrafluoroethylene Resin from     6 See sections 771(5)(B) and (D) of the Act
                                                physical description of subject merchandise             India,’’ dated concurrently with, and hereby          regarding financial contribution; section 771(5)(E)
                                                above. Although the HTSUS subheadings are               adopted by, this notice (Issues and Decision          of the Act regarding benefit; and section 771(5A) of
                                                provided for convenience and customs                    Memorandum).                                          the Act regarding specificity.



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Document Created: 2018-11-02 11:08:01
Document Modified: 2018-11-02 11:08:01
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 May 21, 2018.
ContactYasmin Bordas at (202) 482-3813 (Italy), Justin Neuman at (202) 482-0486 (Turkey), or Omar Qureshi at (202) 482-5307 (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 23420 

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