[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23195-23196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10348]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-876]


Steel Concrete Reinforcing Bar From Japan: Final Affirmative 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of steel concrete reinforcing bar (rebar) from Japan are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is July 1, 2015, through June 
30, 2016. The final dumping margins of sales at LTFV are listed below 
in the ``Final Determination'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3870.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary 
Determination of this antidumping duty

[[Page 23196]]

(AD) investigation.\1\ We invited interested parties to submit comments 
on the Preliminary Determination, but we received no comments. Further 
on, April 4, 2017, the Department also invited interested parties to 
submit comments regarding the scope of the investigation; \2\ no 
interested parties submitted scope comments. Additionally, no 
interested party requested a hearing.
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    \1\ See Steel Concrete Reinforcing Bar from Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
12796 (March 7, 2017) (Preliminary Determination).
    \2\ See Memorandum to the File, ``Scope Briefing Schedule for 
the Antidumping and Countervailing Duty Investigations of Steel 
Concrete Reinforcing Bar from Japan, the Republic of Turkey and 
Taiwan,'' April 4, 2017.
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Scope of the Investigation

    The scope of the investigation covers rebar from Japan. As noted 
above, the Department did not receive any scope comments and has not 
updated the scope of the investigation since the Preliminary 
Determination. For a complete description of the scope of this 
investigation, see Appendix I.

Analysis of Comments Received

    As noted above, we received no comments since the publication of 
the Preliminary Determination.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    As stated in the Preliminary Determination, we found that the 
mandatory respondents, Jonan Steel Corporation (Jonan) and Kyoei Steel 
Ltd. (Kyoei), did not cooperate to the best of their abilities to 
comply with the Department's request for information. Accordingly, we 
determined it appropriate to apply facts otherwise available with 
adverse inferences in accordance with sections 776(a)-(b) of the Tariff 
Act of 1930, as amended (the Act). For the purposes of this final 
determination, the Department has made no changes to the Preliminary 
Determination.

All-Others Rate

    As discussed in the Preliminary Determination, in accordance with 
section 735(c)(5)(B) of the Act, the Department based the selection of 
the ``All-Others'' rate on the simple average of the petition rates, 
resulting in an ``All Others'' rate of 206.43 percent. We have made no 
changes to the selection of this rate for this final determination.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         margin
                                                             (percent)
------------------------------------------------------------------------
Jonan Steel Corporation.................................          209.46
Kyoei Steel Ltd.........................................          209.46
All-Others..............................................          206.43
------------------------------------------------------------------------

Disclosure

    The weighted-average dumping margin assigned to Jonan and Kyoei in 
the Preliminary Determination was based on adverse facts available. As 
we have made no changes to the margin since the Preliminary 
Determination, no disclosure of calculations is necessary for this 
final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of rebar from Japan, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after March 7, 2017, 
the date of publication of the Preliminary Determination. Further, the 
Department will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury by reason of imports of rebar from 
Japan no later than 45 days after this final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all cash deposits will be 
refunded. If the ITC determines that such injury does exist, the 
Department will issue an AD order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return of destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation is steel concrete 
reinforcing bar imported in either straight length or coil form 
(rebar) regardless of metallurgy, length, diameter, or grade or lack 
thereof. Subject merchandise includes deformed steel wire with bar 
markings (e.g., mill mark, size, or grade) and which has been 
subjected to an elongation test.
    The subject merchandise includes rebar that has been further 
processed in the subject country or a third country, including but 
not limited to cutting, grinding, galvanizing, painting, coating, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigation if performed in the country of 
manufacture of the rebar.
    Specifically excluded are plain rounds (i.e., nondeformed or 
smooth rebar). Also excluded from the scope is deformed steel wire 
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, 
size, or grade) and without being subject to an elongation test.
    The subject merchandise is classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) primarily under item numbers 
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject 
merchandise may also enter under other HTSUS numbers including 
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
    HTSUS numbers are provided for convenience and customs purposes; 
however, the written description of the scope remains dispositive.

[FR Doc. 2017-10348 Filed 5-19-17; 8:45 am]
BILLING CODE 3510-DS-P