83 FR 63478 - Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 236 (December 10, 2018)

Page Range		63478-63479
FR Document		2018-26650

The Department of Commerce (Commerce) preliminarily finds that Sidenor Aceros Especiales S.L. (Sidenor), the sole exporter subject to this administrative review has made sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2017, through August 8, 2017. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 236 (Monday, December 10, 2018)

[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63478-63479]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-26650]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-805]

Stainless Steel Bar From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Sidenor Aceros Especiales S.L. (Sidenor), the sole exporter subject to
this administrative review has made sales of subject merchandise at
less than normal value during the period of review (POR) March 1, 2017,
through August 8, 2017. We invite interested parties to comment on
these preliminary results.

DATES: Applicable December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Kabir Archuletta,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5260 or (202)
482-2593, respectively.

SUPPLEMENTARY INFORMATION:

Background

Commerce is conducting an administrative review of the antidumping
duty order on stainless steel sar (SSB) from Spain, in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act).\1\ The review covers one producer/exporter of the subject
merchandise, Sidenor. When the review was initiated, the period of
review (POR) was March 1, 2017, through Febrary 28, 2018. However, on
October 3, 2018, as a result of a five-year (sunset) review, Commerce
revoked the antidumping duty order on imports of stainless steel bar
(SSB) from Spain, effective August 9, 2017.\2\ As a result, the POR was
revised to March 1, 2017, through August 8, 2017.\3\
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\1\ See Amended Final Determination and Antidumping Duty Order:
Stainless Steel Bar From Spain, 60 FR 11656 (March 2, 1995) (Order).
\2\ See Stainless Steel Bar from Brazil, India, Japan, and
Spain: Continuation of Antidumping Duty Order (India) and Revocation
of Antidumping Duty Orders (Brazil, Japan, and Spain), 83 FR 49910
(October 3, 2018) (Revocation Notice).
\3\ Id.
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Scope of the Order

The merchandise subject to the order is SSB. The SSB subject to the
order is currently classifiable under subheadings 7222.10.00,
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff
Schedule of the United States (HTSUS). While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
is dispositive. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\4\
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Stainless Steel
Bar from Spain; 2017-2018,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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Methodology

Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Constructed export price and export price were
calculated in accordance with section 772 of the Act. Normal value was
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and is made available to the public via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at http://access.trade.gov and to all parties in Commerce's
Central Records Unit, located at 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/index.html. A list of the topics discussed in the Preliminary Decision
Memorandum is attached at the Appendix to this notice.

Preliminary Results of Review

As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for Sidenor for the
period March 1, 2017, through August 8, 2017.

------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sidenor Aceros Especiales, S.L............................. 1.76
------------------------------------------------------------------------

Disclosure

We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results.\5\
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\5\ See 19 CFR 351.224(b).

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[[Page 63479]]

Public Comment

Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than five days after the date for filing case
briefs.\6\ 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.\7\
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\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.303 (for general filing requirements).
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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. All documents must be filed
electronically using ACCESS, which is available to registered users at
http://access.trade.gov. An electronically filed request must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, within 30 days after the date of publication of this notice.\8\
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 those raised
in the respective case briefs.
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\8\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1) and (2).

Assessment Rates

Upon issuance of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries covered by this revised POR. If
Sidenor's weighted-average dumping margin continues to be above de
minimis in the final results of this review, we will calculate
importer-specific assessment rates based on the ratio of the total
amount of antidumping duties calculated for each importer's examined
sales and the total entered value of the sales in accordance with 19
CFR 351.212(b)(1).\9\ If Sidenor's weighted-average dumping margin is
zero or de minimis in the final results of this review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\10\
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\9\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\10\ See Final Modification for Reviews, 77 FR at 8102.
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For entries of subject merchandise during the POR produced by
Sidenor for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate company or
companies involved in the transaction.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.

Cash Deposit Requirements

In the Revocation Notice, Commerce stated that it would issue
instructions to CBP to terminate the suspension of liquidation and to
discontinue the collection of cash deposits on entries of subject
merchandise, entered or withdrawn from warehouse, on or after August 9,
2017.\11\ On October 19, 2018, Commerce issued liquidation instructions
to CBP.\12\ Furthermore, because the antidumping duty order on SSB from
Spain has been revoked as a result of the Revocation Notice, Commerce
will not issue cash deposit instructions at the conclusion of this
administrative review.
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\11\ See Revocation Notice, 83 FR at 49911.
\12\ See Commerce Letter re: Sunset Revocation of Antidumping
Duty Orders--U.S. Customs and Border Protection (CBP) Liquidation
Instructions, dated November 26, 2018.
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Notification to Importers

This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. 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 351.213(h)(1)
and 351.221(b)(4).

Dated: December 3, 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. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
(1) Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
(2) Product Comparisons
(3) Date of Sale
(4) Level of Trade/CEP Offset
(5) Export Price
(6) Normal Value
A. Home Market Viability and Comparison Market
B. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
C. Calculation of Normal Value Based on Comparison Market Prices
D. Price-to-Constructed Value Comparison
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2018-26650 Filed 12-7-18; 8:45 am]
BILLING CODE 3510-DS-P

63478 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices

Commerce is also amending the DEPARTMENT OF COMMERCE 7222.10.00, 7222.11.00, 7222.19.00,
Amended Final Results 2008–2009 with 7222.20.00, 7222.30.00 of the
respect to CPI. In particular, Commerce International Trade Administration Harmonized Tariff Schedule of the
is amending its previous rescission of [A–469–805] United States (HTSUS). While the
the administrative review and is no HTSUS subheadings are provided for
longer rescinding the review with Stainless Steel Bar From Spain: convenience and customs purposes, the
respect to CPI but, instead, is issuing Preliminary Results of Antidumping written description is dispositive. A full
final results of review with respect to Duty Administrative Review; 2017– description of the scope of the order is
CPI. Moreover, Commerce intends to 2018 contained in the Preliminary Decision
issue instructions to CBP to liquidate Memorandum.4
entries entered under CPI’s 23 AGENCY: Enforcement and Compliance,
International Trade Administration, Methodology
combination rates as follows. For the 10
combination rates that CPI does not Department of Commerce. Commerce is conducting this review
SUMMARY: The Department of Commerce in accordance with section 751(a)(2) of
acknowledge using, Commerce intends
to instruct CBP to liquidate entries (Commerce) preliminarily finds that the Act. Constructed export price and
under those 10 combination rates at the Sidenor Aceros Especiales S.L. export price were calculated in
China-wide rate of 118.04 percent (Sidenor), the sole exporter subject to accordance with section 772 of the Act.
because the record evidence this administrative review has made Normal value was calculated in
demonstrates that none of the sales of subject merchandise at less than accordance with section 773 of the Act.
companies associated with these 10 normal value during the period of For a full description of the
combination rates made the relevant review (POR) March 1, 2017, through methodology underlying our
export sale. For the 10 combination August 8, 2017. We invite interested conclusions, see Preliminary Decision
rates that CPI does acknowledge using parties to comment on these preliminary Memorandum. The Preliminary
and for which each producer had results. Decision Memorandum is a public
knowledge the merchandise was DATES: Applicable December 10, 2018. document and is made available to the
destined for the United States, FOR FURTHER INFORMATION CONTACT: public via Enforcement and
Commerce intends to instruct CBP to Trenton Duncan or Kabir Archuletta, Compliance’s Antidumping and
liquidate entries under those 10 AD/CVD Operations, Office V, Countervailing Duty Centralized
combination rates at the separate rate of Enforcement and Compliance, Electronic Service System (ACCESS).
15.43 percent, determined for each International Trade Administration, ACCESS is available to registered users
respective producer during the U.S. Department of Commerce, 1401 at http://access.trade.gov and to all
administrative review. For the Constitution Avenue NW, Washington, parties in Commerce’s Central Records
remaining three combination rates, DC 20230; telephone: (202) 482–5260 or Unit, located at room B8024 of the main
Commerce intends to instruct CBP to (202) 482–2593, respectively. Department of Commerce building. In
liquidate such entries at the rate in SUPPLEMENTARY INFORMATION: addition, a complete version of the
effect at the time of entry, because the Preliminary Decision Memorandum can
Background be found at http://
three producers at issue were not
included in the final results of the Commerce is conducting an enforcement.trade.gov/frn/index.html.
administrative review. administrative review of the A list of the topics discussed in the
In the event that the CIT’s ruling is antidumping duty order on stainless Preliminary Decision Memorandum is
not appealed, or, if appealed, is upheld steel sar (SSB) from Spain, in attached at the Appendix to this notice.
by a final and conclusive court decision, accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the Preliminary Results of Review
Commerce will instruct CBP to assess
antidumping duties in accordance with Act).1 The review covers one producer/ As a result of this review, we
the above. exporter of the subject merchandise, preliminarily determine that the
Sidenor. When the review was initiated, following weighted-average dumping
Cash Deposit Requirements the period of review (POR) was March margin exists for Sidenor for the period
The cash deposit rates for Stanley and 1, 2017, through Febrary 28, 2018. March 1, 2017, through August 8, 2017.
the 22 Separate Rate Companies have However, on October 3, 2018, as a result
changed as a result of subsequent of a five-year (sunset) review, Commerce Weighted-
revoked the antidumping duty order on average
administrative reviews. Therefore, this Producer/exporter dumping
amended final results does not change imports of stainless steel bar (SSB) from margin
the later-established cash deposit rates Spain, effective August 9, 2017.2 As a (percent)
for these companies. result, the POR was revised to March 1,
2017, through August 8, 2017.3 Sidenor Aceros Especiales, S.L. 1.76
Notification to Interested Parties
Scope of the Order Disclosure
This notice is issued and published in
accordance with sections 516A(e)(1), The merchandise subject to the order We intend to disclose the calculations
751(a)(1), and 777(i)(1) of the Act. is SSB. The SSB subject to the order is performed to parties in this proceeding
currently classifiable under subheadings within five days after public
Dated: December 3, 2018.
Gary Taverman, 1 See Amended Final Determination and
announcement of the preliminary
Deputy Assistant Secretary for Antidumping Antidumping Duty Order: Stainless Steel Bar From results.5
and Countervailing Duty Operations, Spain, 60 FR 11656 (March 2, 1995) (Order).
2 See Stainless Steel Bar from Brazil, India, Japan, 4 See Memorandum, ‘‘Decision Memorandum for
performing the non-exclusive functions and
duties of the Assistant Secretary for and Spain: Continuation of Antidumping Duty the Preliminary Results of Antidumping Duty
Enforcement and Compliance. Order (India) and Revocation of Antidumping Duty Administrative Review: Stainless Steel Bar from
Orders (Brazil, Japan, and Spain), 83 FR 49910 Spain; 2017–2018,’’ dated concurrently with this
[FR Doc. 2018–26653 Filed 12–7–18; 8:45 am] (October 3, 2018) (Revocation Notice). notice (Preliminary Decision Memorandum).
BILLING CODE 3510–DS–P 3 Id. 5 See 19 CFR 351.224(b).

VerDate Sep<11>2014 17:10 Dec 07, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices 63479

Public Comment weighted-average dumping margin is Dated: December 3, 2018.
Pursuant to 19 CFR 351.309(c), zero or de minimis in the final results Gary Taverman,
interested parties may submit case briefs of this review, we will instruct CBP not Deputy Assistant Secretary for Antidumping
no later than 30 days after the date of to assess duties on any of its entries in and Countervailing Duty Operations,
accordance with the Final Modification performing the non-exclusive functions and
publication of this notice. Rebuttal
duties of the Assistant Secretary for
briefs, limited to issues raised in the for Reviews.10
Enforcement and Compliance.
case briefs, may be filed no later than For entries of subject merchandise
five days after the date for filing case during the POR produced by Sidenor for Appendix
briefs.6 Parties who submit case briefs or which it did not know its merchandise List of Topics Discussed in the Preliminary
rebuttal briefs in this proceeding are was destined for the United States, we Decision Memorandum
encouraged to submit with each will instruct CBP to liquidate I. Summary
argument: (1) A statement of the issue; II. Background
unreviewed entries at the all-others rate
(2) a brief summary of the argument; III. Period of Review
and (3) a table of authorities.7 if there is no rate for the intermediate
IV. Scope of the Order
Pursuant to 19 CFR 351.310(c), company or companies involved in the V. Discussion of the Methodology
interested parties who wish to request a transaction. (1) Comparisons to Normal Value
hearing must submit a written request to We intend to issue instructions to A. Determination of Comparison Method
the Assistant Secretary for Enforcement CBP 15 days after publication of the B. Results of the Differential Pricing
and Compliance. All documents must Analysis
final results of this review. (2) Product Comparisons
be filed electronically using ACCESS,
Cash Deposit Requirements (3) Date of Sale
which is available to registered users at (4) Level of Trade/CEP Offset
http://access.trade.gov. An (5) Export Price
In the Revocation Notice, Commerce
electronically filed request must be (6) Normal Value
stated that it would issue instructions to
received successfully in its entirety by A. Home Market Viability and Comparison
CBP to terminate the suspension of
ACCESS by 5:00 p.m. Eastern Time, Market
within 30 days after the date of liquidation and to discontinue the B. Cost of Production
publication of this notice.8 Requests collection of cash deposits on entries of 1. Calculation of Cost of Production
should contain: (1) The party’s name, subject merchandise, entered or 2. Test of Comparison Market Sales Prices
withdrawn from warehouse, on or after 3. Results of the COP Test
address and telephone number; (2) the
August 9, 2017.11 On October 19, 2018, C. Calculation of Normal Value Based on
number of participants; and (3) a list of Comparison Market Prices
issues to be discussed. Issues raised in Commerce issued liquidation
D. Price-to-Constructed Value Comparison
the hearing will be limited to those instructions to CBP.12 Furthermore, VI. Currency Conversion
raised in the respective case briefs. because the antidumping duty order on VII. Recommendation
Commerce intends to issue the final SSB from Spain has been revoked as a [FR Doc. 2018–26650 Filed 12–7–18; 8:45 am]
results of this administrative review, result of the Revocation Notice, BILLING CODE 3510–DS–P
including the results of its analysis of Commerce will not issue cash deposit
the issues raised in any written briefs, instructions at the conclusion of this
no later than 120 days after the date of administrative review. DEPARTMENT OF COMMERCE
publication of this notice, unless
extended, pursuant to section Notification to Importers International Trade Administration
751(a)(3)(A) of the Act and 19 CFR This notice serves as a preliminary [A–570–831]
351.213(h)(1) and (2).
reminder to importers of their
Assessment Rates responsibility under 19 CFR Fresh Garlic From the People’s
351.402(f)(2) to file a certificate Republic of China: Preliminary Results
Upon issuance of the final results,
regarding the reimbursement of of Antidumping Duty Administrative
Commerce shall determine and U.S.
antidumping duties prior to liquidation Review; 2016–2017
Customs and Border Protection (CBP)
shall assess antidumping duties on all of the relevant entries during this POR. AGENCY: Enforcement and Compliance,
appropriate entries covered by this Failure to comply with this requirement International Trade Administration,
revised POR. If Sidenor’s weighted- could result in the Secretary’s Department of Commerce.
average dumping margin continues to be presumption that reimbursement of SUMMARY: The Department of Commerce
above de minimis in the final results of antidumping duties occurred and the (Commerce) preliminarily determines
this review, we will calculate importer- subsequent assessment of double that exporters of fresh garlic from the
specific assessment rates based on the antidumping duties. People’s Republic of China (China) sold
ratio of the total amount of antidumping merchandise in the United States at
We are issuing and publishing these
duties calculated for each importer’s prices below normal value (NV) during
results in accordance with sections
examined sales and the total entered the period of review (POR), November 1,
751(a)(1) and 777(i)(1) of the Act and 19
value of the sales in accordance with 19 2016, through October 31, 2017. We
CFR 351.212(b)(1).9 If Sidenor’s CFR 351.213(h)(1) and 351.221(b)(4).
invite interested parties to comment on
these preliminary results.
6 See 19 CFR 351.309(d). (February 14, 2012) (Final Modification for DATES: Applicable December 10, 2018.
7 See 19 CFR 351.303 (for general filing Reviews).
requirements). 10 See Final Modification for Reviews, 77 FR at
FOR FURTHER INFORMATION CONTACT:
8 See 19 CFR 351.310(c).
8102.
Kathryn Wallace or Alexander Cipolla,
9 In these preliminary results, Commerce applied
11 See Revocation Notice, 83 FR at 49911. AD/CVD Operations, Office VII,
the assessment rate calculation method adopted in Enforcement and Compliance,
12 See Commerce Letter re: Sunset Revocation of
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and Antidumping Duty Orders—U.S. Customs and International Trade Administration,
Assessment Rate in Certain Antidumping Duty Border Protection (CBP) Liquidation Instructions, U.S. Department of Commerce, 1401
Proceedings; Final Modification, 77 FR 8101 dated November 26, 2018. Constitution Avenue NW, Washington,

VerDate Sep<11>2014 17:10 Dec 07, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

Document Created: 2018-12-08 00:22:04
Document Modified: 2018-12-08 00:22:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable December 10, 2018.
Contact		Trenton Duncan or Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5260 or (202) 482-2593, respectively.
FR Citation		83 FR 63478

83 FR 63478 - Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 236 (December 10, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration