83_FR_32767 83 FR 32632 - Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary Results of the Antidumping Duty Administrative Review; 2016-2017

83 FR 32632 - Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary Results of the Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range32632-32634
FR Document2018-15013

The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain hot- rolled steel flat products from Brazil. The period of review (POR) is March 22, 2016, through Septemer 30, 2017. This review covers six producers/exporters of the subject merchandise. Commerce selected one mandatory respondent, Companhia Siderurgica Nacional (CSN), for individual examination. We preliminarily determine that sales of subject merchandise have been made below normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018)
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32632-32634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15013]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-845]


Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary 
Results of the Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain hot-
rolled steel flat products from Brazil. The period of review (POR) is 
March 22, 2016, through Septemer 30, 2017. This review covers six 
producers/exporters of the subject merchandise. Commerce selected one 
mandatory respondent, Companhia Siderurgica Nacional (CSN), for 
individual examination. We preliminarily determine that sales of 
subject merchandise have been made below normal value (NV) during the 
POR. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable July 13, 2018.

FOR FURTHER INFORMATION CONTACT: Peter Zukowski, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0189.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this investigation are certain hot-rolled 
steel flat products from Brazil. For a complete description of the 
scope of this order, please see the accompanying Preliminary Decision 
Memorandum.\1\
---------------------------------------------------------------------------

    \1\ See the Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from Brazil: Decision Memorandum for Preliminary Results of the 
Antidumping Duty Administrative Review; 2016-2017'' (dated 
concurrently with this Federal Register notice) (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as the Appendix to this notice.

Adverse Facts Available

    Pursuant to section 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available with adverse 
inferences (AFA) for CSN because this respondent did not respond to 
Commerce's antidumping duty questionnaire. For a complete explanation 
of the methodology and analysis underlying the preliminary application 
of AFA, see the Preliminary Decision Memorandum.

Adjustment for Export Subsidies

    In the original investigation, we subtracted from the final dumping 
margin of 33.14 percent the portion of CSN's countervailing duty rate 
attributable to export subsidies (4.07 percent) in order to calculate 
the cash-deposit rate of 29.07 percent.\2\ Since the publication of the 
Antidumping Duty Order, we have not conducted an

[[Page 32633]]

administrative review of the countervailing duty order on Hot-Rolled 
Steel from Brazil.\3\ Therefore, the portion of the countervailing duty 
rate attributable to export subsidies currently in effect for CSN is 
4.07 percent. Further, imports from CSN during the POR were subject to 
countervailing duties to offset export subsidies of 4.07 percent or 
more. As such, we have adjusted the dumping margin to ensure that, in 
accordance with section 772(c)(1)(C) of the Act, we do not collect 
duties attributable to export subsidies twice.
---------------------------------------------------------------------------

    \2\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Antidumping Duty Order).
    \3\ This is the first administrative review following the 
completion of the investigation.
---------------------------------------------------------------------------

Rate for Non-Selected Companies

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\4\ we are 
applying to the non-selected companies the adjusted dumping margin we 
are preliminarily applying to CSN in this administrative review.\5\ 
This is the only rate determined in this review for an individual 
respondent, and thus, it is applicable to the non-selected companies 
under section 735(c)(5)(B) of the Act. For a detailed discussion, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \5\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018).
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, Commerce preliminarily determines that 
for the period March 22, 2016, through Septemer 30, 2017, the following 
weighted-average dumping margins exist: \6\
---------------------------------------------------------------------------

    \6\ See Preliminary Decision Memorandum for more detail.

------------------------------------------------------------------------
                                     Weighted-average  Rate adjusted for
     Exporter and/or producer         dumping margin    export subsidies
------------------------------------------------------------------------
Aperam South America..............              34.28              30.21
ArcelorMittal Brasil..............              34.28              30.21
Companhia Siderurgica Nacional....              34.28              30.21
Companhia Siderurgica Suape.......              34.28              30.21
Marcegaglia do Brasil.............              34.28              30.21
Usinas Siderurgicas de Minas                    34.28              30.21
 Gerais SA........................
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the date of publication of the notice of preliminary results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, there 
are no calculations to disclose because, in accordance with section 776 
of the Act, we have relied on the application of AFA to CSN, the only 
mandatory respondent subject to this review, for purposes of these 
preliminary results for CSN. Because the AFA dumping margin is based 
solely on a dumping margin applied in a prior segment of this 
proceeding, there are no calculations to disclose.

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\7\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\8\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(ii).
    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\11\ Hearing requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ [thinsp]Id.
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of arguments raised in 
any written briefs, not later than 120 days after the publication of 
these preliminary results in the Federal Register, unless otherwise 
extended.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\15\ We intend to issue instructions to CBP 15 
days after the publication date of the final results of this review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
    \15\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be that established in the final results of 
this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
investigated companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the original less-than-fair-value (LTFV)

[[Page 32634]]

investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent segment for the manufacturer 
of the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 29.07 percent, the all-
others rate established in the LTFV investigation.\16\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \16\ See Antidumping Duty Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 6, 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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
    A. Use of Facts Available
    B. Application of Facts Available With an Adverse Inference
    C. Selection and Corroboration of Adverse Facts Available Rate
    D. Rate for Non-Selected Companies
V. Conclusion

[FR Doc. 2018-15013 Filed 7-12-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                32632                                    Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices

                                                Timken Notice                                                   Notification to Interested Parties                    description of the scope of this order,
                                                  In its decision in Timken, 893 F.2d at                          This notice is issued and published in              please see the accompanying
                                                341,11 as clarified by Diamond                                  accordance with sections 516A(e)(1),                  Preliminary Decision Memorandum.1
                                                Sawblades,12 the Court of Appeals for                           751(a)(1), and 777(i)(1) of the Act.                  Methodology
                                                the Federal Circuit (CAFC) held that,                             Dated: July 6, 2018.                                   Commerce is conducting this review
                                                pursuant to section 516A(e) of the Tariff                       Gary Taverman,                                        in accordance with sections 751(a) of
                                                Act of 1930, as amended (Act),                                  Deputy Assistant Secretary for Antidumping            the Tariff Act of 1930, as amended (the
                                                Commerce must publish a notice of a                             and Countervailing Duty Operations,                   Act). For a full description of the
                                                court decision that is not ‘‘in harmony’’                       performing the non-exclusive functions and            methodology underlying our
                                                with a Commerce determination and                               duties of the Assistant Secretary for                 conclusions, see the Preliminary
                                                must suspend liquidation of entries                             Enforcement and Compliance.
                                                                                                                                                                      Decision Memorandum.
                                                pending a ‘‘conclusive’’ court decision.                        [FR Doc. 2018–15011 Filed 7–12–18; 8:45 am]              The Preliminary Decision
                                                The Court’s June 19, 2018, Final                                BILLING CODE 3510–DS–P                                Memorandum is a public document and
                                                Judgment constitutes a final decision of                                                                              is on file electronically via Enforcement
                                                the Court that is not in harmony with                                                                                 and Compliance’s Antidumping and
                                                Commerce’s Final Results. This notice is                        DEPARTMENT OF COMMERCE                                Countervailing Duty Centralized
                                                published in fulfillment of the                                                                                       Electronic Service System (ACCESS).
                                                publication requirement of Timken.                              International Trade Administration
                                                                                                                                                                      ACCESS is available to registered users
                                                Amended Final Results                                           [A–351–845]                                           at https://access.trade.gov, and to all
                                                                                                                                                                      parties in the Central Records Unit,
                                                   Because there is now a final court                           Certain Hot-Rolled Steel Flat Products                room B8024 of the main Department of
                                                decision, Commerce is amending the                              From Brazil: Preliminary Results of the               Commerce building. In addition, a
                                                Final Results with respect to Stanley.                          Antidumping Duty Administrative                       complete version of the Preliminary
                                                The revised weighted-average dumping                            Review; 2016–2017                                     Decision Memorandum can be found at
                                                margin for Stanley for the period August                                                                              http://enforcement.trade.gov/frn/. The
                                                1, 2012, through July 31, 2013, is as                           AGENCY:   Enforcement and Compliance,
                                                                                                                International Trade Administration,                   signed Preliminary Decision
                                                follows:                                                                                                              Memorandum and the electronic
                                                                                                                Department of Commerce.
                                                                                                                SUMMARY: The Department of Commerce
                                                                                                                                                                      version of the Preliminary Decision
                                                                                               Weighted-
                                                                                                average         (Commerce) is conducting an                           Memorandum are identical in content.
                                                              Exporter                                                                                                A list of the topics discussed in the
                                                                                                 margin         administrative review of the
                                                                                               (percent)
                                                                                                                antidumping duty order on certain hot-                Preliminary Decision Memorandum is
                                                                                                                rolled steel flat products from Brazil.               attached as the Appendix to this notice.
                                                Stanley ..................................       10.16
                                                                                                                The period of review (POR) is March 22,               Adverse Facts Available
                                                   Commerce will continue the                                   2016, through Septemer 30, 2017. This                   Pursuant to section 776(a) and (b) of
                                                suspension of liquidation of the subject                        review covers six producers/exporters of              the Act, Commerce has preliminarily
                                                merchandise pending the expiration of                           the subject merchandise. Commerce                     relied upon facts otherwise available
                                                the period of appeal or, if appealed,                           selected one mandatory respondent,                    with adverse inferences (AFA) for CSN
                                                pending a final and conclusive court                            Companhia Siderurgica Nacional (CSN),                 because this respondent did not respond
                                                decision. In the event the Court’s ruling                       for individual examination. We                        to Commerce’s antidumping duty
                                                is not appealed or, if appealed, upheld                         preliminarily determine that sales of                 questionnaire. For a complete
                                                by the CAFC, Commerce will instruct                             subject merchandise have been made                    explanation of the methodology and
                                                U.S. Customs and Border Protection to                           below normal value (NV) during the                    analysis underlying the preliminary
                                                assess antidumping duties on                                    POR. We invite interested parties to                  application of AFA, see the Preliminary
                                                unliquidated entries of subject                                 comment on these preliminary results.                 Decision Memorandum.
                                                merchandise exported by Xi’an Metals                            DATES: Applicable July 13, 2018.
                                                                                                                                                                      Adjustment for Export Subsidies
                                                and Stanley using the appropriate                               FOR FURTHER INFORMATION CONTACT:
                                                assessment rates.                                               Peter Zukowski, AD/CVD Operations,                       In the original investigation, we
                                                                                                                Office I, Enforcement and Compliance,                 subtracted from the final dumping
                                                Cash Deposit Requirements                                                                                             margin of 33.14 percent the portion of
                                                                                                                International Trade Administration,
                                                   As stated in the AR5 Remand                                  U.S. Department of Commerce, 1401                     CSN’s countervailing duty rate
                                                Redetermination, the cash deposit rate                          Constitution Avenue NW, Washington,                   attributable to export subsidies (4.07
                                                for Stanley has been superseded by cash                         DC 20230; telephone: (202) 482–0189.                  percent) in order to calculate the cash-
                                                deposit rates calculated in intervening                         SUPPLEMENTARY INFORMATION:                            deposit rate of 29.07 percent.2 Since the
                                                administrative reviews of the                                                                                         publication of the Antidumping Duty
                                                antidumping duty order on certain steel                         Scope of the Order                                    Order, we have not conducted an
                                                nails from China.13 Thus, we will not                              The products covered by this
                                                                                                                                                                        1 See the Memorandum, ‘‘Certain Hot-Rolled Steel
                                                alter Stanley’s cash deposit rate.                              investigation are certain hot-rolled steel
                                                                                                                                                                      Flat Products from Brazil: Decision Memorandum
                                                                                                                flat products from Brazil. For a complete             for Preliminary Results of the Antidumping Duty
                                                the People’s Republic of China: Analysis                                                                              Administrative Review; 2016–2017’’ (dated
                                                Memorandum for Stanley,’’ dated concurrently with               14092 (March 16, 2016); Certain Steel Nails from      concurrently with this Federal Register notice)
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                                                this notice.                                                    the People’s Republic of China: Final Results of      (Preliminary Decision Memorandum).
                                                  11 See Timken Co. v. United States, 893 F.2d 337
                                                                                                                Antidumping Duty Administrative Review, Final           2 See Certain Hot-Rolled Steel Flat Products from
                                                (Fed. Cir. 1990) (Timken).                                      Determination of No Shipments and Final Partial       Australia, Brazil, Japan, the Republic of Korea, the
                                                  12 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                                Rescission; 2014–2015, 82 FR 14344 (March 20,         Netherlands, the Republic of Turkey, and the
                                                United States, 626 F.3d 1374 (Fed. Cir. 2010)                   2017); and Certain Steel Nails from the People’s      United Kingdom: Amended Final Affirmative
                                                (Diamond Sawblades).                                            Republic of China: Final Results of Antidumping       Antidumping Determinations for Australia, the
                                                  13 See Certain Steel Nails from the People’s                  Duty Administrative Review and Final                  Republic of Korea, and the Republic of Turkey and
                                                Republic of China: Final Results of Antidumping                 Determination of No Shipments; 2015–2016, 83 FR       Antidumping Duty Orders, 81 FR 67962 (October 3,
                                                Duty Administrative Review; 2013–2014, 81 FR                    11683 (March 16, 2018).                               2016) (Antidumping Duty Order).



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                                                                                            Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices                                                                                32633

                                                administrative review of the                                              do not collect duties attributable to                                     individual respondent, and thus, it is
                                                countervailing duty order on Hot-Rolled                                   export subsidies twice.                                                   applicable to the non-selected
                                                Steel from Brazil.3 Therefore, the                                                                                                                  companies under section 735(c)(5)(B) of
                                                                                                                          Rate for Non-Selected Companies
                                                portion of the countervailing duty rate                                                                                                             the Act. For a detailed discussion, see
                                                attributable to export subsidies                                            In accordance with the U.S. Court of                                    the Preliminary Decision Memorandum.
                                                currently in effect for CSN is 4.07                                       Appeals for the Federal Circuit’s
                                                                                                                                                                                                    Preliminary Results of the Review
                                                percent. Further, imports from CSN                                        decision in Albemarle Corp. v. United
                                                during the POR were subject to                                            States,4 we are applying to the non-                                        As a result of this review, Commerce
                                                countervailing duties to offset export                                    selected companies the adjusted                                           preliminarily determines that for the
                                                subsidies of 4.07 percent or more. As                                     dumping margin we are preliminarily                                       period March 22, 2016, through
                                                such, we have adjusted the dumping                                        applying to CSN in this administrative                                    Septemer 30, 2017, the following
                                                margin to ensure that, in accordance                                      review.5 This is the only rate                                            weighted-average dumping margins
                                                with section 772(c)(1)(C) of the Act, we                                  determined in this review for an                                          exist: 6

                                                                                                                                                                                                                  Weighted-average     Rate adjusted for
                                                                                                           Exporter and/or producer                                                                                dumping margin      export subsidies

                                                Aperam South America ...............................................................................................................................                           34.28               30.21
                                                ArcelorMittal Brasil .......................................................................................................................................                   34.28               30.21
                                                Companhia Siderurgica Nacional ................................................................................................................                                34.28               30.21
                                                Companhia Siderurgica Suape ....................................................................................................................                               34.28               30.21
                                                Marcegaglia do Brasil ..................................................................................................................................                       34.28               30.21
                                                Usinas Siderurgicas de Minas Gerais SA ...................................................................................................                                     34.28               30.21



                                                Disclosure                                                                   Pursuant to 19 CFR 351.310(c),                                         entries covered by this review.14 The
                                                                                                                          interested parties who wish to request a                                  final results of this review shall be the
                                                   Normally, Commerce discloses to                                        hearing must submit a written request to                                  basis for the assessment of antidumping
                                                interested parties the calculations                                       the Assistant Secretary for Enforcement                                   duties on entries of merchandise
                                                performed in connection with the                                          and Compliance, filed electronically via                                  covered by the final results of this
                                                preliminary results within five days of                                   ACCESS. An electronically-filed                                           review and for future deposits of
                                                the date of publication of the notice of                                  document must be received successfully                                    estimated duties, where applicable.15
                                                preliminary results in the Federal                                        in its entirety by ACCESS by 5 p.m.                                       We intend to issue instructions to CBP
                                                Register, in accordance with 19 CFR                                       Eastern Time within 30 days after the                                     15 days after the publication date of the
                                                351.224(b). However, there are no                                         date of publication of this notice.11                                     final results of this review.
                                                calculations to disclose because, in                                      Hearing requests should contain: (1) The
                                                accordance with section 776 of the Act,                                                                                                             Cash Deposit Requirements
                                                                                                                          party’s name, address, and telephone
                                                we have relied on the application of                                      number; (2) the number of participants;                                      The following cash deposit
                                                AFA to CSN, the only mandatory                                            and (3) a list of issues to be discussed.                                 requirements will be effective for all
                                                respondent subject to this review, for                                    Issues raised in the hearing will be                                      shipments of the subject merchandise
                                                purposes of these preliminary results for                                 limited to issues raised in the briefs. If                                entered, or withdrawn from warehouse,
                                                CSN. Because the AFA dumping margin                                       a request for a hearing is made, parties                                  for consumption on or after the
                                                is based solely on a dumping margin                                       will be notified of the time and date for                                 publication date of the final results of
                                                applied in a prior segment of this                                        the hearing to be held at the U.S.                                        this administrative review, as provided
                                                proceeding, there are no calculations to                                  Department of Commerce, 1401                                              by section 751(a)(2)(C) of the Act: (1)
                                                disclose.                                                                 Constitution Avenue NW, Washington,                                       The cash deposit rate for each specific
                                                Public Comment                                                            DC 20230.12                                                               company listed above will be that
                                                                                                                             Commerce intends to issue the final                                    established in the final results of this
                                                   Interested parties may submit case                                     results of this administrative review,                                    review, except if the rate is less than
                                                briefs not later than 30 days after the                                   including the results of its analysis of                                  0.50 percent and, therefore, de minimis
                                                date of publication of this notice.7                                      arguments raised in any written briefs,                                   within the meaning of 19 CFR
                                                Rebuttal briefs, limited to issues raised                                 not later than 120 days after the                                         351.106(c)(1), in which case the cash
                                                in the case briefs, may be filed no later                                 publication of these preliminary results                                  deposit rate will be zero; (2) for
                                                than five days after the time limit for                                   in the Federal Register, unless                                           previously investigated companies not
                                                filing case briefs.8 Parties who submit                                   otherwise extended.13                                                     participating in this review, the cash
                                                case briefs or rebuttal briefs in this                                                                                                              deposit will continue to be the
                                                proceeding are encouraged to submit                                       Assessment Rates                                                          company-specific rate published for the
                                                with each argument: (1) A statement of                                      Upon completion of the                                                  most recently completed segment of this
                                                the issue; (2) a brief summary of the                                     administrative review, Commerce shall                                     proceeding in which the company
                                                argument; and (3) a table of authorities.9                                determine, and U.S. Customs and                                           participated; (3) if the exporter is not a
                                                Case and rebuttal briefs should be filed                                  Border Protection (CBP) shall assess,                                     firm covered in this review, or the
                                                using ACCESS.10                                                           antidumping duties on all appropriate                                     original less-than-fair-value (LTFV)
sradovich on DSK3GMQ082PROD with NOTICES




                                                  3 This is the first administrative review following                     of Antidumping Duty Administrative Review; 2015–                             10 See     19 CFR 351.303.
                                                the completion of the investigation.                                      2016, 83 FR 17527 (April 20, 2018).                                          11 See     19 CFR 351.310(c).
                                                  4 See Albemarle Corp. v. United States, 821 F.3d                          6 See Preliminary Decision Memorandum for
                                                                                                                                                                                                       12   Id.
                                                1345 (Fed. Cir. 2016).                                                    more detail.                                                                 13 See
                                                                                                                            7 See 19 CFR 351.309(c)(ii).
                                                                                                                                                                                                              section 751(a)(3)(A) of the Act.
                                                  5 See, e.g., Diamond Sawblades and Parts Thereof                                                                                                     14 See
                                                                                                                            8 See 19 CFR 351.309(d)(1).                                                       19 CFR 351.212(b).
                                                from the People’s Republic of China: Final Results                                                                                                     15 See section 751(a)(2)(C) of the Act.
                                                                                                                            9 See 19 CFR 351.309(c)(2) and (d)(2).




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                                                32634                             Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices

                                                investigation, but the manufacturer is,                   DEPARTMENT OF COMMERCE                                Scope of the Order
                                                the cash deposit rate will be the rate                                                                             The merchandise subject to the Order
                                                established for the most recent segment                   International Trade Administration                    is steel wire garment hangers.4 The
                                                for the manufacturer of the                               [A–570–918]                                           products are currently classifiable under
                                                merchandise; and (4) the cash deposit                                                                           the Harmonized Tariff Schedule of the
                                                rate for all other manufacturers or                       Steel Wire Garment Hangers From the                   United States (HTSUS) subheadings:
                                                exporters will continue to be 29.07                       People’s Republic of China:                           7326.20.0020, 7323.99.9060, and
                                                percent, the all-others rate established                  Preliminary Results of Antidumping                    7323.99.9080. Although the HTSUS
                                                in the LTFV investigation.16 These                        Duty Administrative Review; 2016–                     subheadings are provided for
                                                deposit requirements, when imposed,                       2017                                                  convenience and customs purposes, the
                                                shall remain in effect until further                      AGENCY:  Enforcement and Compliance,                  written product description of the scope
                                                notice.                                                   International Trade Administration,                   of the order remains dispositive.5
                                                Notification to Importers                                 Department of Commerce.                               China-Wide Entity
                                                                                                          SUMMARY: The Department of Commerce                     Commerce’s policy regarding
                                                  This notice also serves as a                            (Commerce) preliminarily determines                   conditional review of the China-wide
                                                preliminary reminder to importers of                      that Shanghai Wells Hanger Co., Ltd.,                 entity applies to this administrative
                                                their responsibility under 19 CFR                         Hong Kong Wells Ltd., and Hong Kong                   review.6 Under this policy, the China-
                                                351.402(f) to file a certificate regarding                Wells Ltd. (USA) (collectively, Shanghai              wide entity will not be under review
                                                the reimbursement of antidumping                          Wells) sold subject merchandise in the                unless a party specifically requests, or
                                                duties prior to liquidation of the                        United States at prices below normal                  Commerce self-initiates, a review of the
                                                relevant entries during this review                       value (NV) during the period of review                entity. Because no party requested a
                                                period. Failure to comply with this                       (POR), October 1, 2016, through                       review of the China-wide entity in this
                                                requirement could result in the                           September 30, 2017. Interested parties                review, the entity is not under review
                                                Secretary’s presumption that                              are invited to comment on these                       and the entity’s rate is not subject to
                                                reimbursement of antidumping duties                       preliminary results.                                  change, (i.e., 187.25 percent).7
                                                occurred and the subsequent assessment                    DATES: Applicable July 13, 2018.
                                                                                                                                                                Separate Rates
                                                of double antidumping duties.                             FOR FURTHER INFORMATION CONTACT:
                                                                                                          Trenton Duncan or Ian Hamilton, AD/                     Commerce preliminarily determines
                                                  We are issuing and publishing these                                                                           that information placed on the record by
                                                                                                          CVD Operations, Office V, Enforcement
                                                results in accordance with sections                                                                             Shanghai Wells demonstrates that this
                                                                                                          and Compliance, International Trade
                                                751(a)(1) and 777(i)(1) of the Act, and 19                                                                      entity is entitled to separate rate status.8
                                                                                                          Administration, Department of
                                                CFR 351.221(b)(4).                                        Commerce, 1401 Constitution Avenue                    For additional information, see the
                                                  Dated: July 6, 2018.                                    NW, Washington, DC 20230; telephone:                  Preliminary Decision Memorandum.
                                                Gary Taverman,                                            (202) 482–3539, or (202) 482–4798,                    Methodology
                                                Deputy Assistant Secretary for Antidumping                respectively.
                                                                                                                                                                  Commerce is conducting this review
                                                and Countervailing Duty Operations,                       SUPPLEMENTARY INFORMATION:                            in accordance with section 751(a)(1)(B)
                                                performing the non-exclusive functions and
                                                                                                          Background                                            of the Act. We calculated constructed
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.
                                                                                                                                                                export prices and export prices in
                                                                                                             This administrative review is being                accordance with section 772 of the Act.
                                                Appendix                                                  conducted in accordance with section                  Because China is a non-market economy
                                                                                                          751(a) of the Tariff Act of 1930, as
                                                List of Topics Discussed in the Preliminary               amended (the Act). Commerce                           Secretary for Enforcement and Compliance,
                                                Decision Memorandum                                       published the notice of initiation of this            ‘‘Deadlines Affected by the Shutdown of the Federal
                                                I. Summary                                                administrative review on steel wire                   Government,’’ dated January 23, 2018. All deadlines
                                                II. Background                                            garment hangers from the People’s                     in this segment of the proceeding have been
                                                                                                                                                                extended by three days.
                                                III. Scope of the Order                                   Republic of China (China) on December                    4 See Notice of Antidumping Duty Order: Steel
                                                IV. Application of Facts Available and                    7, 2017.1 On April 26, 2018,2 Commerce                Wire Garment Hangers from the People’s Republic
                                                      Adverse Inferences                                  partially rescinded the review on 17                  of China, 73 FR 58111 (October 6, 2008) (Order).
                                                   A. Use of Facts Available                              companies. Commerce exercised its                        5 See Memorandum, ‘‘Decision Memorandum for

                                                   B. Application of Facts Available With an              discretion to toll all deadlines affected             the Preliminary Results of the Antidumping Duty
                                                                                                                                                                Administrative Review of Steel Wire Garment
                                                      Adverse Inference                                   by the closure of the Federal                         Hangers from the People’s Republic of China; 2016–
                                                   C. Selection and Corroboration of Adverse              Government from January 20 through                    2017,’’ dated concurrently with and hereby adopted
                                                      Facts Available Rate                                22, 2018. As a result, the revised                    by this notice (Preliminary Decision Memorandum).
                                                   D. Rate for Non-Selected Companies                     deadline for the preliminary results of                  6 See Antidumping Proceedings: Announcement

                                                V. Conclusion                                             this administrative review is now July 6,             of Change in Department Practice for Respondent
                                                                                                                                                                Selection in Antidumping Duty Proceedings and
                                                [FR Doc. 2018–15013 Filed 7–12–18; 8:45 am]               2018.3                                                Conditional Review of the Nonmarket Economy
                                                BILLING CODE 3510–DS–P                                                                                          Entity in NME Antidumping Duty Proceedings, 78
                                                                                                            1 See Initiation of Antidumping and                 FR 65963 (November 4, 2013).
                                                                                                          Countervailing Duty Administrative Reviews, 82 FR        7 See Steel Wire Garment Hangers from the
                                                                                                          57705 (December 7, 2017).                             People’s Republic of China: Preliminary Results of
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                            2 See Steel Wire Garment Hangers from the           Antidumping Duty Administrative Review; 2013–
                                                                                                          People’s Republic of China; 2016–2017; Partial        2014, 80 FR 41480 (July 15, 2015), and
                                                                                                          Rescission of the Ninth Antidumping Duty              accompanying Preliminary Decision Memorandum,
                                                                                                          Administrative Review, 83 FR 18276 (April 26,         unchanged in Steel Wire Garment Hangers from the
                                                                                                          2018).                                                People’s Republic of China: Final Results of
                                                                                                            3 See Memorandum for The Record from                Antidumping Duty Administrative Review, 2013–
                                                                                                          Christian Marsh, Deputy Assistant Secretary for       2014, 80 FR 69942 (November 12, 2015).
                                                                                                          Enforcement and Compliance, performing the non-          8 See Shanghai Wells’ January 18, 2018 Section A
                                                  16 See   Antidumping Duty Order.                        exclusive functions and duties of the Assistant       Questionnaire Response at 1–8.



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Document Created: 2018-07-13 01:04:41
Document Modified: 2018-07-13 01:04:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable July 13, 2018.
ContactPeter Zukowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0189.
FR Citation83 FR 32632 

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