[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34925-34927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15840]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-859]


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

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of steel concrete reinforcing bar (rebar) from Taiwan 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. For information on the estimated weighted-
average dumping margins of sales at LTFV, see the ``Final 
Determination'' section of this notice.

DATES: Applicable July 27, 2017.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Kathryn Wallace, 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) 482-1396 or (202) 
482-6251, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary 
Determination of this antidumping duty (AD) investigation.\1\ The 
petitioners in this investigation are the Rebar Trade Action Coalition 
and its individual members.\2\ The mandatory respondents in this 
investigation are Power Steel Co., Ltd. (Power Steel) and Lo-Toun Steel 
and Iron Works Co., Ltd. (Lo-Toun). Following the Preliminary 
Determination, Lo-Toun withdrew its participation as a mandatory 
respondent. A complete summary of the events that occurred since 
publication of the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Final Issues and Decision 
Memorandum, which is dated concurrently with and hereby adopted by this 
notice.\3\ The Issues and Decision Memorandum is a public document and 
is available electronically 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 the Central Records Unit, Room 
B-8024 of the Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \1\ See Steel Concrete Reinforcing Bar from Taiwan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 82 FR 12800 (March 7, 2017) (Preliminary Determination).
    \2\ The Rebar Trade Action Coalition is comprised of Byer Steel 
Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc., 
Nucor Corporation, and Steel Dynamics, Inc.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Antidumping Duty 
Investigation of Steel Concrete Reinforcing Bar from Taiwan'' 
(Issues and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers rebar from Taiwan. 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 
to this notice.

Analysis of Comments Received

    The issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this investigation are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by the Department in the Issues and Decision Memorandum is 
attached at Appendix II to this notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), during April 2017, the Department verified the sales and 
cost data reported by Power Steel for use in our final determination. 
We used standard verification procedures, including an examination of 
relevant accounting and production records, and original source 
documents provided by the respondent.

[[Page 34926]]

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available. As discussed in the Issues and Decision 
Memorandum,\4\ we determine that Lo-Toun, by withdrawing its 
participation in the investigation, significantly impeded the 
investigation, submitted information that could not be verified, and 
failed to cooperate by not acting to the best of its ability in 
responding to the Department's requests for information. Therefore, we 
drew an adverse inference in selecting from among the facts otherwise 
available.\5\ For further information, see the ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Issues and Decision 
Memorandum.
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    \4\ See Issues and Decision Memorandum at 4.
    \5\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations since 
the Preliminary Determination. These changes are discussed in Section V 
of the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 735(c)(1)(B)(i)(I) of the Act, the 
Department calculated a dumping margin for the individually 
investigated exporters/producers of the subject merchandise. Consistent 
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the 
Department also calculated an estimated ``all-others'' rate for 
exporters and producers not individually investigated. Section 
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be 
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for individually investigated 
exporters and producers, excluding any margins that are zero or de 
minimis or any margins determined entirely under section 776 of the 
Act.
    Because the estimated weighted-average dumping margin calculated 
for Lo-Toun is based entirely on facts available under section 776 of 
the Act, we have not utilized Lo-Toun's rate in order to calculate the 
all-others rate. Pursuant to section 735(c)(5), we utilized the 
remaining rate, which is neither zero or de minimis or based entirely 
on facts available, in order to calculate the all-others rate.

Final Determination

    Pursuant to section 735 of the Act, the Department determines the 
estimated weighted-average dumping margins to be:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                           Company                              dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Power Steel Co., Ltd........................................        3.50
Lo-Toun Steel and Iron Works Co. Ltd........................       32.01
All-Others..................................................        3.50
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of any public announcement of 
this notice.

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 Taiwan, 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. Furthermore, 
the Department will instruct CBP to require a cash deposit for such 
entries of merchandise.

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 
Taiwan no later than 45 days after our 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 above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as the only 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/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 violation subject to sanction.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: July 20, 2017.
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 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.

[[Page 34927]]

Appendix II

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Discussion of the Issues
    Comment 1: Whether a Particular Market Situation Exists With 
Respect to Power Steel's Billet Purchases From China
    Comment 2: Whether To Apply the Department's Quarterly-Cost 
Methodology to Power Steel
    Comment 3: Whether To Incorporate Findings From the Department's 
Cost Verification in the Final Determination for Power Steel
    Comment 4: Whether To Rely on Adverse Facts Available for Lo-
Toun's Rate
VIII. Recommendation

[FR Doc. 2017-15840 Filed 7-26-17; 8:45 am]
 BILLING CODE 3510-DS-P