83_FR_55910 83 FR 55694 - Carbon and Alloy Steel Wire Rod From the Republic of Korea and the United Kingdom: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review

83 FR 55694 - Carbon and Alloy Steel Wire Rod From the Republic of Korea and the United Kingdom: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55694-55696
FR Document2018-24350

The Department of Commerce (Commerce) is initiating, and issuing expedited preliminary results of, a changed circumstances review (CCR) of the antidumping duty (AD) orders on carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea) and the United Kingdom.

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55694-55696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891; A-412-826]


Carbon and Alloy Steel Wire Rod From the Republic of Korea and 
the United Kingdom: Initiation and Expedited Preliminary Results of 
Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (Commerce) is initiating, and 
issuing expedited preliminary results of, a changed circumstances 
review (CCR) of the antidumping duty (AD) orders on carbon and alloy 
steel wire rod (wire rod) from the Republic of Korea (Korea) and the 
United Kingdom.

DATES: Applicable November 7, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone 202-482-4682 or 202-482-
4633.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2018, Commerce published the AD orders on wire rod from 
Korea and the United Kingdom.\1\ On September 17, 2018, six members of 
the domestic industry, including the petitioners from the underlying 
investigations (Nucor Corporation, Optimus Steel LLC (formerly, Gerdau 
Ameristeel US Inc), Keystone Consolidates Industries, Inc., and Charter 
Steel) requested that Commerce initiate a CCR to revoke, in part, the 
AD orders on wire rod from Korea and the United Kingdom as to grade 
1078 and higher tire cord wire rod effective May 21, 2018.\2\
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    \1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determinations for Spain and the Republic of Turkey, 83 FR 
23417 (May 21, 2018) (Orders).
    \2\ See letter from domestic industry re: ``Carbon and Alloy 
Steel Wire Rod from the Republic of Korea and the United Kingdom: 
Petitioners' Request for Changed Circumstances Review and Partial 
Revocation Request,'' dated September 17, 2018 (CCR Request).
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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 orders is dispositive.\3\
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    \3\ For a description of the domestic industry's proposed 
exclusion language, see Attachment 1.
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Initiation and Expedited Preliminary Results of Changed Circumstances 
Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), Commerce will conduct a CCR of an 
antidumping or countervailing duty order when it receives information 
which shows changed circumstances sufficient to warrant such a review. 
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that 
Commerce may revoke an order (in whole or in part) if it determines 
that producers accounting for substantially all of the production of 
the domestic like product have no further interest in the order, in 
whole or in part. In addition, in the event Commerce determines that 
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits 
Commerce to combine the notices of initiation and preliminary results.
    For the reasons discussed below and in the accompanying proprietary 
memorandum, we find that such sufficient information exists to warrant 
a CCR.\4\ Further, Commerce does not require any additional information 
to make a preliminary finding. For this reason, as permitted by 19 CFR 
351.221(c)(3)(ii), Commerce finds that expedited action is warranted 
and is conducting this review on an expedited basis by publishing 
preliminary results

[[Page 55695]]

in conjunction with a notice of initiation.
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    \4\ See Memorandum, ``Analysis of Industry Support for Changed 
Circumstances Review: Carbon and Alloy Steel Wire Rod from the 
Republic of Korea and the United Kingdom,'' dated concurrently with, 
and hereby adopted by, this notice.
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    The six domestic producers filing the request assert that they 
account for ``substantially all'' \5\ of the domestic production of 
carbon and alloy steel wire rod.\6\ Because there is no record 
information that contradicts this claim, in accordance with section 
751(b) of the Act and 19 CFR 351.222(g)(1)(i), we find that the six 
domestic producers comprise substantially all of the production of the 
domestic like product.
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    \5\ In its administrative practice, Commerce has interpreted 
``substantially all'' to mean at least 85 percent of the total 
production of the domestic like product covered by the order. See, 
e.g., Supercalendered Paper from Canada: Final Results of Changed 
Circumstances Review and Revocation of Countervailing Duty Order, 83 
FR 32268 (July 12, 2018).
    \6\ See CCR Request at 4-6.
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    Because this CCR request was filed less than 24 months after the 
date of publication of notice of the final determination in the 
investigations, pursuant to 19 CFR 351.216(c), Commerce must determine 
whether good cause exists. We find that the six domestic producers' 
affirmative statement of no interest in the orders with respect to 
grade 1078 and higher tire cord quality wire rod constitutes good cause 
for the conduct of this review.\7\ Based on the expression of no 
interest by the six domestic producers and in the absence of any 
objection by any other interested parties, we preliminarily determine 
that substantially all of the domestic producers of the like product 
have no interest in the continued application of the antidumping duty 
orders on wire rod from Korea and the United Kingdom. Accordingly, we 
are notifying the public of our intent to revoke, in part, the 
antidumping duty orders as they relate to imports of grade 1078 and 
higher tire cord wire rod. We intend to change the scope of the orders 
on wire rod from Korea and the United Kingdom by adding the exclusion 
language provided in Attachment 1 and requiring a certification as 
provided in Attachment 2.
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    \7\ See e.g., Certain Cold-Rolled Steel Flat Products from 
Japan: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent To Revoke Order in Part, 82 FR 821 (January 4, 
2017) (finding that ``Petitioners' affirmative statement of no 
interest in the order . . . constitutes good case for the conduct of 
this review.'')
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Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\8\ Rebuttal briefs, which 
must be limited to issues raised in case briefs, may be filed not later 
than seven days after the due date for case briefs.\9\ All submissions 
must be filed electronically using Enforcement and Compliance's AD and 
CVD Centralized Electronic Service System (ACCESS). ACCESS is available 
to registered users at http://access.trade.gov and in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
An electronically filed document must be received successfully in its 
entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set 
forth in this notice.
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    \8\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for filing of case briefs.
    \9\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for filing of rebuttal briefs.
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    Any interested party may request a hearing within 14 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at 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 in a room to be determined.\10\
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    \10\ See 19 CFR 351.310(d).
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    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR no later than 270 days after the 
date on which this review was initiated or 45 days if all parties agree 
to the outcome of the review.
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: November 1, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Attachment 1

Proposed Revision to the Scope of the Orders

    Excluded from the scope of the antidumping duty orders from 
Korea and the United Kingdom are grade 1078 and higher tire cord 
quality wire rod to be used in the production of tire cord wire. 
Grade 1078 and higher tire cord quality wire rod refers to wire rod 
with not less than 0.78 percent of carbon and includes but is not 
limited to other high carbon grades of wire rod such as Grade 1078, 
1080, 1085, 1086, 1090, and 1092.
    Grade 1078 and higher tire cord quality rod is defined as: (i) 
Grade 1078 and higher tire cord quality wire rod measuring not more 
than 6.0 mm in cross-sectional diameter; (ii) with an average 
partial decarburization of no more than 70 microns in depth (maximum 
individual 200 microns); (iii) having no non-deformable inclusions 
greater than 20 microns and no deformable inclusions greater than 35 
microns; (iv) having a carbon segregation per heat average of 3.0 or 
better; (v) having a surface quality with no surface defects of a 
length greater than 0.15 mm; (vi) capable of being drawn to a 
diameter of 0.405 mm or less, and (vii) containing by weight the 
following elements in the proportions shown: (1) 0.78 percent or 
more of carbon, (2) less than 0.01 percent of aluminum, (3) 0.040 
percent or less, in the aggregate, of phosphorus and sulfur, (4) 
0.006 percent or less of nitrogen, (5) not more than 0.6 percent 
silicon; and (6) not more than 0.55 percent in the aggregate, of 
copper, nickel, and chromium. For purposes of the grade 1078 and 
higher tire cord quality wire rod, an inclusion will be considered 
to be deformable if its ratio of length (measured along the axis-
that is, the direction of rolling-of the rod) over thickness 
(measured on the same inclusion in a direction perpendicular to the 
axis of the rod) is equal to or greater than three. The size of an 
inclusion for purposes of the 20 microns and 35 microns limitations 
is the measurement of the largest dimension observed on a 
longitudinal section measured in a direction perpendicular to the 
axis of the rod.
    The designation of the products as ``tire cord quality'' 
indicates the acceptability of the product for use in the production 
of tire cord applications which require that the tire cord wire rod 
be drawn into wire with a diameter of 0.405 mm or less. These 
quality designations are presumed to indicate that these products 
are being used in tire cord applications, and such merchandise 
intended for the tire cord applications is not included in the 
scope. Importers of tire cord quality wire rod will attach, as a 
condition of entry, a certification of end use that certifies that 
the Grade 1078 and above tire cord quality wire rod will be used 
only in the production of tire cord wire.\11\
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    \11\ See Attachment II for proposed certification.
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Attachment 2

Proposed End Use Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation of the {INSERT GRADE{time}  tire cord wire rod 
produced in {INSERT COUNTRY{time}  that entered under entry 
number(s) {INSERT ENTRY NUMBER(S){time}  and are covered by this 
certification;
     I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification;
     I have personal knowledge of the facts regarding the 
end-use of the imported products covered by this certification 
because (initial one):

[[Page 55696]]

     ___my company is the end-user of the imported product 
covered by this certification,
    Or
     ___my company is not the end-user of the imported 
products covered by this certification, but I have contacted the 
end-user and advised them in writing of the end-use requirements for 
the imported product and an official of the end-user has signed a 
copy of this certification;
     This tire cord wire rod shall be used for tire cord 
applications, which require that the tire cord wire rod be drawn 
into wire with a diameter of 0.405 mm or less;
     This tire cord wire rod will not be drawn into wire 
with a diameter greater than 0.405 mm;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
(including a copy signed by an end-user that is not the importer) 
and sufficient documentation supporting this certification for the 
later of (1) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in the 
United States courts regarding such entries;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to provide this certification and 
supporting records, upon entry, to U.S. Customs and Border 
Protection (CBP);
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or the U.S. Department of Commerce (Commerce);
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met; and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) cash deposits equal to the rates as determined 
by Commerce;
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed at the time of entry;
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make material false statements to the U.S. 
government.

IMPORTER SIGNATURE-----------------------------------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
DATE-------------------------------------------------------------------

END-USER SIGNATURE (if other than importer)----------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
COMPANY NAME-----------------------------------------------------------
DATE-------------------------------------------------------------------

[FR Doc. 2018-24350 Filed 11-6-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              55694                    Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

                                              imposed, shall remain in effect until                   carbon and alloy steel wire rod (wire                 description of subject merchandise that
                                              further notice.                                         rod) from the Republic of Korea (Korea)               are not specifically excluded are
                                                                                                      and the United Kingdom.                               included in this scope.
                                              Notification to Importers
                                                                                                      DATES: Applicable November 7, 2018.                     The products under these orders are
                                                This notice also serves as a                          FOR FURTHER INFORMATION CONTACT:                      currently classifiable under subheadings
                                              preliminary reminder to importers of                    Alice Maldonado or Jacob Garten, AD/                  7213.91.3011, 7213.91.3015,
                                              their responsibility under 19 CFR                       CVD Operations, Office II, Enforcement                7213.91.3020, 7213.91.3093;
                                              351.402(f)(2) to file a certificate                     and Compliance, International Trade                   7213.91.4500, 7213.91.6000,
                                              regarding the reimbursement of                          Administration, U.S. Department of                    7213.99.0030, 7227.20.0030,
                                              antidumping and/or countervailing                       Commerce, 1401 Constitution Avenue                    7227.20.0080, 7227.90.6010,
                                              duties prior to liquidation of the                      NW, Washington, DC 20230; telephone                   7227.90.6020, 7227.90.6030, and
                                              relevant entries during this review                     202–482–4682 or 202–482–4633.                         7227.90.6035 of the HTSUS. Products
                                              period. Failure to comply with this                     SUPPLEMENTARY INFORMATION:                            entered under subheadings
                                              requirement could result in Commerce’s
                                                                                                      Background                                            7213.99.0090 and 7227.90.6090 of the
                                              presumption that reimbursement of
                                                                                                                                                            HTSUS also may be included in this
                                              antidumping and/or countervailing                          On May 21, 2018, Commerce
                                              duties occurred and the subsequent                                                                            scope if they meet the physical
                                                                                                      published the AD orders on wire rod                   description of subject merchandise
                                              assessment of double antidumping                        from Korea and the United Kingdom.1
                                              duties.                                                                                                       above. Although the HTSUS
                                                                                                      On September 17, 2018, six members of                 subheadings are provided for
                                              Notification to Interested Parties                      the domestic industry, including the
                                                                                                                                                            convenience and customs purposes, the
                                                                                                      petitioners from the underlying
                                                We are issuing and publishing these                                                                         written description of the scope of these
                                                                                                      investigations (Nucor Corporation,
                                              preliminary results of review in                                                                              orders is dispositive.3
                                                                                                      Optimus Steel LLC (formerly, Gerdau
                                              accordance with sections 751(a)(1) and                  Ameristeel US Inc), Keystone                          Initiation and Expedited Preliminary
                                              777(i)(1) of the Act, and 19 CFR                        Consolidates Industries, Inc., and                    Results of Changed Circumstances
                                              351.221(b)(4).                                          Charter Steel) requested that Commerce                Review
                                                Dated: November 1, 2018.                              initiate a CCR to revoke, in part, the AD
                                              Christian Marsh,                                        orders on wire rod from Korea and the                   Pursuant to section 751(b)(1) of the
                                                                                                      United Kingdom as to grade 1078 and                   Tariff Act of 1930, as amended (the Act)
                                              Deputy Assistant Secretary for Enforcement
                                              and Compliance.                                         higher tire cord wire rod effective May               and 19 CFR 351.216(d), Commerce will
                                                                                                      21, 2018.2                                            conduct a CCR of an antidumping or
                                              Appendix                                                                                                      countervailing duty order when it
                                                                                                      Scope of the Orders
                                              List of Topics Discussed in the Preliminary                                                                   receives information which shows
                                              Decision Memorandum                                       The products covered by these orders                changed circumstances sufficient to
                                                                                                      are certain hot-rolled products of carbon             warrant such a review. Section 782(h)(2)
                                              I. Summary
                                              II. Background
                                                                                                      steel and alloy steel, in coils, of                   of the Act and 19 CFR 351.222(g)(1)(i)
                                              III. Scope of the Order                                 approximately round cross section, less               provide that Commerce may revoke an
                                              IV. Application of Facts Available and                  than 19.00 mm in actual solid cross-                  order (in whole or in part) if it
                                                    Adverse Inferences                                sectional diameter. Specifically                      determines that producers accounting
                                                 A. Use of Facts Available                            excluded are steel products possessing                for substantially all of the production of
                                                 B. Application of Facts Available With an            the above-noted physical characteristics              the domestic like product have no
                                                    Adverse Inference                                 and meeting the Harmonized Tariff
                                                 C. Selection and Corroboration of AFA
                                                                                                                                                            further interest in the order, in whole or
                                                                                                      Schedule of the United States (HTSUS)                 in part. In addition, in the event
                                                    Rate                                              definitions for (a) stainless steel; (b) tool
                                              V. Duty Absorption                                                                                            Commerce determines that expedited
                                                                                                      steel; (c) high-nickel steel; (d) ball                action is warranted, 19 CFR
                                              VI. Conclusion
                                                                                                      bearing steel; or (e) concrete reinforcing            351.221(c)(3)(ii) permits Commerce to
                                              [FR Doc. 2018–24333 Filed 11–6–18; 8:45 am]             bars and rods. Also excluded are free                 combine the notices of initiation and
                                              BILLING CODE 3510–DS–P                                  cutting steel (also known as free
                                                                                                                                                            preliminary results.
                                                                                                      machining steel) products (i.e., products
                                                                                                      that contain by weight one or more of                   For the reasons discussed below and
                                              DEPARTMENT OF COMMERCE                                  the following elements: 0.1 percent or                in the accompanying proprietary
                                                                                                      more of lead, 0.05 percent or more of                 memorandum, we find that such
                                              International Trade Administration                                                                            sufficient information exists to warrant
                                                                                                      bismuth, 0.08 percent or more of sulfur,
                                              [A–580–891; A–412–826]                                  more than 0.04 percent of phosphorous,                a CCR.4 Further, Commerce does not
                                                                                                      more than 0.05 percent of selenium, or                require any additional information to
                                              Carbon and Alloy Steel Wire Rod From                    more than 0.01 percent of tellurium).                 make a preliminary finding. For this
                                              the Republic of Korea and the United                    All products meeting the physical                     reason, as permitted by 19 CFR
                                              Kingdom: Initiation and Expedited                                                                             351.221(c)(3)(ii), Commerce finds that
                                              Preliminary Results of Antidumping                        1 See Carbon and Alloy Steel Wire Rod from Italy,   expedited action is warranted and is
                                              Duty Changed Circumstances Review                       the Republic of Korea, Spain, the Republic of         conducting this review on an expedited
                                                                                                      Turkey, and the United Kingdom: Antidumping           basis by publishing preliminary results
                                              AGENCY:  Enforcement and Compliance,                    Duty Orders and Amended Final Affirmative
amozie on DSK3GDR082PROD with NOTICES1




                                              International Trade Administration,                     Antidumping Duty Determinations for Spain and
                                                                                                      the Republic of Turkey, 83 FR 23417 (May 21, 2018)      3 For a description of the domestic industry’s
                                              Department of Commerce.                                 (Orders).                                             proposed exclusion language, see Attachment 1.
                                              SUMMARY: The Department of Commerce                       2 See letter from domestic industry re: ‘‘Carbon      4 See Memorandum, ‘‘Analysis of Industry

                                              (Commerce) is initiating, and issuing                   and Alloy Steel Wire Rod from the Republic of         Support for Changed Circumstances Review:
                                                                                                      Korea and the United Kingdom: Petitioners’ Request    Carbon and Alloy Steel Wire Rod from the Republic
                                              expedited preliminary results of, a                     for Changed Circumstances Review and Partial          of Korea and the United Kingdom,’’ dated
                                              changed circumstances review (CCR) of                   Revocation Request,’’ dated September 17, 2018        concurrently with, and hereby adopted by, this
                                              the antidumping duty (AD) orders on                     (CCR Request).                                        notice.



                                         VerDate Sep<11>2014   17:46 Nov 06, 2018   Jkt 247001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM   07NON1


                                                                         Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices                                                         55695

                                              in conjunction with a notice of                            to issues raised in case briefs, may be                cord quality wire rod measuring not more
                                              initiation.                                                filed not later than seven days after the              than 6.0 mm in cross-sectional diameter; (ii)
                                                 The six domestic producers filing the                   due date for case briefs.9 All                         with an average partial decarburization of no
                                              request assert that they account for                       submissions must be filed electronically               more than 70 microns in depth (maximum
                                              ‘‘substantially all’’ 5 of the domestic                                                                           individual 200 microns); (iii) having no non-
                                                                                                         using Enforcement and Compliance’s                     deformable inclusions greater than 20
                                              production of carbon and alloy steel                       AD and CVD Centralized Electronic                      microns and no deformable inclusions
                                              wire rod.6 Because there is no record                      Service System (ACCESS). ACCESS is                     greater than 35 microns; (iv) having a carbon
                                              information that contradicts this claim,                   available to registered users at http://               segregation per heat average of 3.0 or better;
                                              in accordance with section 751(b) of the                   access.trade.gov and in the Central                    (v) having a surface quality with no surface
                                              Act and 19 CFR 351.222(g)(1)(i), we find                   Records Unit, room B8024 of the main                   defects of a length greater than 0.15 mm; (vi)
                                              that the six domestic producers                            Department of Commerce building. An                    capable of being drawn to a diameter of 0.405
                                              comprise substantially all of the                          electronically filed document must be                  mm or less, and (vii) containing by weight
                                              production of the domestic like product.                   received successfully in its entirety by               the following elements in the proportions
                                                 Because this CCR request was filed                                                                             shown: (1) 0.78 percent or more of carbon, (2)
                                                                                                         ACCESS, by 5:00 p.m. Eastern Time on                   less than 0.01 percent of aluminum, (3) 0.040
                                              less than 24 months after the date of                      the due dates set forth in this notice.                percent or less, in the aggregate, of
                                              publication of notice of the final                            Any interested party may request a                  phosphorus and sulfur, (4) 0.006 percent or
                                              determination in the investigations,                       hearing within 14 days of publication of               less of nitrogen, (5) not more than 0.6 percent
                                              pursuant to 19 CFR 351.216(c),                             this notice. Hearing requests should                   silicon; and (6) not more than 0.55 percent
                                              Commerce must determine whether                            contain the following information: (1)                 in the aggregate, of copper, nickel, and
                                              good cause exists. We find that the six                    The party’s name, address, and                         chromium. For purposes of the grade 1078
                                              domestic producers’ affirmative                            telephone number; (2) the number of                    and higher tire cord quality wire rod, an
                                              statement of no interest in the orders                     participants; and (3) a list of the issues             inclusion will be considered to be
                                              with respect to grade 1078 and higher                                                                             deformable if its ratio of length (measured
                                                                                                         to be discussed. Oral presentations at
                                              tire cord quality wire rod constitutes                                                                            along the axis-that is, the direction of rolling-
                                                                                                         the hearing will be limited to issues                  of the rod) over thickness (measured on the
                                              good cause for the conduct of this                         raised in the briefs. If a request for a               same inclusion in a direction perpendicular
                                              review.7 Based on the expression of no                     hearing is made, parties will be notified              to the axis of the rod) is equal to or greater
                                              interest by the six domestic producers                     of the time and date for the hearing to                than three. The size of an inclusion for
                                              and in the absence of any objection by                     be held at the U.S. Department of                      purposes of the 20 microns and 35 microns
                                              any other interested parties, we                           Commerce, 1401 Constitution Avenue                     limitations is the measurement of the largest
                                              preliminarily determine that                               NW, Washington, DC 20230 in a room                     dimension observed on a longitudinal section
                                              substantially all of the domestic                          to be determined.10                                    measured in a direction perpendicular to the
                                              producers of the like product have no                         Unless extended, consistent with 19                 axis of the rod.
                                              interest in the continued application of                                                                             The designation of the products as ‘‘tire
                                                                                                         CFR 351.216(e), we intend to issue the
                                                                                                                                                                cord quality’’ indicates the acceptability of
                                              the antidumping duty orders on wire                        final results of this CCR no later than                the product for use in the production of tire
                                              rod from Korea and the United                              270 days after the date on which this                  cord applications which require that the tire
                                              Kingdom. Accordingly, we are notifying                     review was initiated or 45 days if all                 cord wire rod be drawn into wire with a
                                              the public of our intent to revoke, in                     parties agree to the outcome of the                    diameter of 0.405 mm or less. These quality
                                              part, the antidumping duty orders as                       review.                                                designations are presumed to indicate that
                                              they relate to imports of grade 1078 and                      This notice is published in                         these products are being used in tire cord
                                              higher tire cord wire rod. We intend to                    accordance with sections 751(b)(1) and                 applications, and such merchandise intended
                                              change the scope of the orders on wire                     777(i)(1) of the Act and 19 CFR 351.216                for the tire cord applications is not included
                                              rod from Korea and the United Kingdom                      and 351.221(c)(3).                                     in the scope. Importers of tire cord quality
                                                                                                                                                                wire rod will attach, as a condition of entry,
                                              by adding the exclusion language                             Dated: November 1, 2018.                             a certification of end use that certifies that
                                              provided in Attachment 1 and requiring                     James Maeder,                                          the Grade 1078 and above tire cord quality
                                              a certification as provided in                                                                                    wire rod will be used only in the production
                                                                                                         Associate Deputy Assistant Secretary for
                                              Attachment 2.                                              Antidumping and Countervailing Duty                    of tire cord wire.11
                                              Public Comment                                             Operations performing the duties of Deputy             Attachment 2
                                                                                                         Assistant Secretary for Antidumping and
                                                Interested parties may submit case                       Countervailing Duty Operations.                        Proposed End Use Certification
                                              briefs not later than 14 days after the
                                                                                                         Attachment 1                                             I hereby certify that:
                                              date of publication of this notice.8                                                                                • My name is {INSERT COMPANY
                                              Rebuttal briefs, which must be limited                     Proposed Revision to the Scope of the Orders           OFFICIAL’S NAME HERE} and I am an
                                                                                                            Excluded from the scope of the                      official of {INSERT NAME OF IMPORTING
                                                 5 In its administrative practice, Commerce has
                                                                                                         antidumping duty orders from Korea and the             COMPANY};
                                              interpreted ‘‘substantially all’’ to mean at least 85
                                                                                                         United Kingdom are grade 1078 and higher                 • I have direct personal knowledge of the
                                              percent of the total production of the domestic like                                                              facts regarding the importation of the
                                              product covered by the order. See, e.g.,                   tire cord quality wire rod to be used in the
                                              Supercalendered Paper from Canada: Final Results           production of tire cord wire. Grade 1078 and           {INSERT GRADE} tire cord wire rod
                                              of Changed Circumstances Review and Revocation             higher tire cord quality wire rod refers to            produced in {INSERT COUNTRY} that
                                              of Countervailing Duty Order, 83 FR 32268 (July 12,        wire rod with not less than 0.78 percent of            entered under entry number(s) {INSERT
                                              2018).                                                     carbon and includes but is not limited to              ENTRY NUMBER(S)} and are covered by this
                                                 6 See CCR Request at 4–6.
                                                                                                         other high carbon grades of wire rod such as           certification;
                                                 7 See e.g., Certain Cold-Rolled Steel Flat Products
                                                                                                         Grade 1078, 1080, 1085, 1086, 1090, and                  • I have personal knowledge of the facts
amozie on DSK3GDR082PROD with NOTICES1




                                              from Japan: Initiation and Preliminary Results of          1092.                                                  regarding the production of the imported
                                              Changed Circumstances Review, and Intent To                                                                       products covered by this certification;
                                                                                                            Grade 1078 and higher tire cord quality rod
                                              Revoke Order in Part, 82 FR 821 (January 4, 2017)
                                                                                                         is defined as: (i) Grade 1078 and higher tire            • I have personal knowledge of the facts
                                              (finding that ‘‘Petitioners’ affirmative statement of                                                             regarding the end-use of the imported
                                              no interest in the order . . . constitutes good case
                                              for the conduct of this review.’’)                           9 Commerce is exercising its discretion under 19     products covered by this certification
                                                 8 Commerce is exercising its discretion under 19        CFR 351.309(d)(1) to alter the time limit for filing   because (initial one):
                                              CFR 351.309(c)(1)(ii) to alter the time limit for filing   of rebuttal briefs.
                                              of case briefs.                                              10 See 19 CFR 351.310(d).                              11 See   Attachment II for proposed certification.



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                                              55696                    Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

                                                 • lllmy company is the end-user of the               DEPARTMENT OF COMMERCE                                     On May 9, 2018, the CIT remanded
                                              imported product covered by this                                                                                the Final Determination to Commerce.4
                                              certification,                                          International Trade Administration                      Specifically, the CIT remanded the Final
                                                 Or                                                                                                           Determination directing Commerce to
                                                 • lllmy company is not the end-user of               [C–533–864]
                                              the imported products covered by this
                                                                                                                                                              recalculate JSW’s CVD rate without
                                              certification, but I have contacted the end-            Certain Corrosion-Resistant Steel                       regard to JSW Steel (Salav) Limited
                                              user and advised them in writing of the end-            Products From India: Notice of Court                    (Salav), a cross-owned input supplier.5
                                              use requirements for the imported product               Decision Not in Harmony With the                        On August 7, 2018, Commerce issued its
                                              and an official of the end-user has signed a            Affirmative Final Determination and                     final results of redetermination pursuant
                                              copy of this certification;                             Countervailing Duty Order                               to remand in accordance with the CIT’s
                                                 • This tire cord wire rod shall be used for                                                                  order.6 On remand, Commerce, under
                                              tire cord applications, which require that the          AGENCY:   Enforcement and Compliance,                   respectful protest,7 recalculated JSW’s
                                              tire cord wire rod be drawn into wire with              International Trade Administration,
                                                                                                                                                              CVD rate without regard to Salav, and
                                              a diameter of 0.405 mm or less;                         Department of Commerce.
                                                                                                                                                              also recalculated the ‘‘all-others’’ rate.
                                                 • This tire cord wire rod will not be drawn          SUMMARY: On October 23, 2018, the
                                              into wire with a diameter greater than 0.405                                                                    On October 23, 2018, the CIT sustained
                                                                                                      United States Court of International                    Commerce’s Final Redetermination.8
                                              mm;                                                     Trade (CIT or the Court) sustained the
                                                 • I understand that {INSERT NAME OF                                                                          The effective date of this notice is
                                                                                                      final results of redetermination
                                              IMPORTING COMPANY} is required to                                                                               November 2, 2018.
                                                                                                      pertaining to the countervailing duty
                                              maintain a copy of this certification
                                              (including a copy signed by an end-user that
                                                                                                      (CVD) investigation of certain corrosion-               Timken Notice
                                              is not the importer) and sufficient                     resistant steel products (CORE) from
                                                                                                      India for the period of investigation                      In its decision in Timken,9 as clarified
                                              documentation supporting this certification
                                              for the later of (1) a period of five years from        from January 1, 2014, through December                  by Diamond Sawblades,10 the Court of
                                              the date of entry or (2) a period of three years        31, 2014. The Department of Commerce                    Appeals for the Federal Circuit (CAFC)
                                              after the conclusion of any litigation in the           (Commerce) is notifying the public that                 held that, pursuant to section 516A of
                                              United States courts regarding such entries;            the final judgment in this case is not in               the Tariff Act of 1930, as amended (the
                                                 • I understand that {INSERT NAME OF                  harmony with the Final Determination                    Act), Commerce must publish a notice
                                              IMPORTING COMPANY} is required to                       and Order of the investigation and that                 of a court decision that is not ‘‘in
                                              provide this certification and supporting               Commerce is amending the Final                          harmony’’ with a Commerce
                                              records, upon entry, to U.S. Customs and                Determination and Order with respect to                 determination and must suspend
                                              Border Protection (CBP);                                the CVD cash deposit rate assigned to                   liquidation of entries pending a
                                                 • I understand that the claims made                  JSW Steel Limited and JSW Steel Coated                  ‘‘conclusive’’ court decision.11 The
                                              herein, and the substantiating                          Products Limited (collectively JSW).
                                              documentation, are subject to verification by                                                                   CIT’s October 23, 2018, final judgment
                                              CBP and/or the U.S. Department of                       DATES: This order is effective November                 affirming the Final Redetermination
                                              Commerce (Commerce);                                    2, 2018.                                                constitutes a final decision of the Court
                                                 • I understand that failure to maintain the          FOR FURTHER INFORMATION CONTACT:                        that is not in harmony with Commerce’s
                                              required certification and/or failure to                Christian Llinas, AD/CVD Operations,                    Final Determination and Order. This
                                              substantiate the claims made herein will                Office V, Enforcement and Compliance,                   notice is published in fulfillment of the
                                              result in:                                              International Trade Administration,                     publication requirements of Timken and
                                                 Æ suspension of liquidation of all                   U.S. Department of Commerce, 1401                       section 516A of the Act.
                                              unliquidated entries (and entries for which             Constitution Avenue NW, Washington,
                                              liquidation has not become final) for which             DC 20230; telephone (202) 482–4877.                     Amended Final Determination
                                              these requirements were not met; and
                                                 Æ the requirement that the importer post             SUPPLEMENTARY INFORMATION:                                Because there is now a final court
                                              applicable antidumping duty (AD) cash                   Background                                              decision, Commerce is amending its
                                              deposits equal to the rates as determined by                                                                    Final Determination and Order.
                                              Commerce;                                                  On June 2, 2016, Commerce published                  Commerce finds that the revised
                                                 • I understand that agents of the importer,          its Final Determination in the CVD                      countervailable subsidy rate for JSW
                                              such as brokers, are not permitted to make              investigation of CORE from India.1
                                                                                                                                                              and the revised ‘‘all-others’’ rate are as
                                              this certification;                                     Commerce issued an Amended Final
                                                 • This certification was completed at the
                                                                                                                                                              follows:
                                                                                                      Determination explaining its critical
                                              time of entry;                                          circumstances analysis, on June 14,
                                                 • I am aware that U.S. law (including, but           2016.2 Commerce published the
                                                                                                                                                                4 JSW Steel Ltd. and JSW Steel Coated Products

                                              not limited to, 18 U.S.C. 1001) imposes                                                                         Ltd. v. United States, Court No. 16–00165, Slip Op.
                                                                                                      countervailing duty order resulting from                18–51 (CIT May 9, 2018).
                                              criminal sanctions on individuals who                   the investigation on July 25, 2016.3                      5 Id. at 8–9.
                                              knowingly and willfully make material false                                                                       6 See Final Results of Redetermination Pursuant
                                              statements to the U.S. government.                                                                              to Court Remand JSW Steel Limited and JSW Steel
                                                                                                         1 See Countervailing Duty Investigation of Certain
                                              IMPORTER SIGNATURE lllllllll                            Corrosion-Resistant Steel Products from India: Final    Coated Products Limited v. United States, Slip Op.
                                              NAME OF COMPANY OFFICIAL lllll                          Affirmative Determination, 81 FR 35323 (June 2,         18–51 (CIT May 9, 2018), dated August 7, 2018
                                              TITLE lllllllllllllllll                                 2016) (Final Determination) and accompanying            (Final Redetermination).
                                                                                                                                                                7 See Viraj Group, Ltd. v. United States, 343 F.3d
                                              DATE       lllllllllllllllll                            Issues and Decision Memorandum (IDM).
                                                                                                         2 See Countervailing Duty Investigation of Certain   1371 (Fed. Cir. 2003).
                                              END-USER SIGNATURE (if other than im-
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                8 See JSW Steel Ltd. and JSW Steel Coated
                                                                                                      Corrosion-Resistant Steel Products from India:
                                              porter) lllllllllllllllll                               Notice of Correction to Final Affirmative               Products Ltd. v. United States, Court No. 16–00165,
                                              NAME OF COMPANY OFFICIAL lllll                          Determination; Negative Determination of Critical       Slip Op. 18–147 (CIT Oct. 23, 2018).
                                              TITLE lllllllllllllllll                                 Circumstances, 81 FR 38671 (June 14, 2016)                9 See Timken Co., v. United States, 893 F.2d 337

                                              COMPANY NAME llllllllllll                               (Amended Final Determination).                          (Fed. Cir. 1990) (Timken).
                                              DATE       lllllllllllllllll                               3 See Certain Corrosion-Resistant Steel Products       10 See Diamond Sawblades Mfrs. Coalition v.

                                                                                                      from India, Italy, Republic of Korea and the            United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                              [FR Doc. 2018–24350 Filed 11–6–18; 8:45 am]             People’s Republic of China: Countervailing Duty         (Diamond Sawblades).
                                              BILLING CODE 3510–DS–P                                  Order, 81 FR 48387 (July 25, 2016) (Order).               11 See Sections 516A(c) and (e) of the Act.




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Document Created: 2018-11-07 00:04:31
Document Modified: 2018-11-07 00:04:31
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 November 7, 2018.
ContactAlice Maldonado or Jacob Garten, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202-482-4682 or 202-482- 4633.
FR Citation83 FR 55694 

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