[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12441-12443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04129]


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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; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on stainless steel 
bar (SSB) from Spain. The period of review (POR) is March 1, 2015, 
through February 29, 2016. The review covers one producer/exporter of 
the subject merchandise, Gerdau Aceros Especiales Europa, S.L. 
(Gerdau). The Department preliminarily finds that subject merchandise 
has been sold in the United States at prices below normal value (NV) 
during the POR.

DATES: Effective March 3, 2017.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen, 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.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this investigation is SSB from Spain. For a 
full description of the scope of the order, see Appendix I of this 
notice.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\1\ A list of the topics included in 
the Preliminary Decision Memorandum is included as an appendix to this 
notice. 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

[[Page 12442]]

Electronic Service System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov, and it is available to all parties 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum is available at http://enforcement.trade.gov/frn/. 
The signed Preliminary Decision Memorandum and the electronic versions 
of the Preliminary Decision Memorandum are identical in content.
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    \1\ See Memorandum from James Maeder, Senior Director, Office I, 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Stainless Steel Bar from 
Spain; 2015-2016'' (Preliminary Decision Memorandum) dated 
concurrently with this notice.
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Adverse Facts Available

    Because mandatory respondent Gerdau has failed to provide requested 
information, we preliminarily determine to apply adverse facts 
available (AFA) to this respondent, in accordance with sections 776(a) 
and (b) of the Act and 19 CFR 351.308. For further discussion, see the 
Preliminary Decision Memorandum.

Preliminary Determination

    We preliminary determine that, for the period of March 1, 2015, 
through February 29, 2016, the following weighted-average dumping 
margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Gerdau Aceros Especiales Europa, S.L.......................       62.85
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because the Department preliminarily 
applied a dumping margin based on AFA, as described in the Preliminary 
Decision Memorandum, there is nothing further to disclose. This meets 
our regulatory obligation. Interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice.\2\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\3\ 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.\4\
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    \2\ See 19 CFR 351.309(c)(ii).
    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice. Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If Gerdau's 
weight-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent), we will calculate an importer-specific ad valorem 
antidumping duty assessment rate based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. If Gerdau's weighted-average dumping margin is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. The final results of this 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise covered by this review where applicable.
    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
Gerdau for which it did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Gerdau will be 
the rate established in the final results of this administrative 
review; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 25.77 percent, the all-others rate 
established in the investigation.\5\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \5\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar from Spain, 59 FR 66931 (December 28, 
1994).
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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 increase the 
subsequent assessment of the antidumping duties by the amount of the 
antidumping duties reimburses.
    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.


[[Page 12443]]


    Dated: February 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

    The merchandise subject to the order is SSB. The term SSB with 
respect to the order means articles of stainless steel in straight 
lengths that have been either hot-rolled, forged, turned, cold-
drawn, cold-rolled or otherwise cold-finished, or ground, having a 
uniform solid cross section along their whole length in the shape of 
circles, segments of circles, ovals, rectangles (including squares), 
triangles, hexagons, octagons or other convex polygons. SSB includes 
cold-finished SSBs that are turned or ground in straight lengths, 
whether produced from hot-rolled bar or from straightened and cut 
rod or wire, and reinforcing bars that have indentations, ribs, 
grooves, or other deformations produced during the rolling process. 
Except as specified above, the term does not include stainless steel 
semi-finished products, cut-length flat-rolled products (i.e., cut-
length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures 
at least twice the thickness), wire (i.e., cold-formed products in 
coils, of any uniform solid cross section along their whole length, 
which do not conform to the definition of flat-rolled products), and 
angles, shapes and sections.
    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).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the order 
is dispositive.\6\
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    \6\ The HTSUS numbers provided in the scope changed since the 
publication of the order. See Amended Final Determination and 
Antidumping Duty Order: Stainless Steel Bar from Spain, 60 FR 11656 
(March 2, 1995).
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Appendix II--List of Topics

Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Available and Adverse Inferences
6. Conclusion

[FR Doc. 2017-04129 Filed 3-2-17; 8:45 am]
BILLING CODE 3510-DS-P