[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56214-56216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25659]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-822-806, A-821-824, A-520-808]


Certain Carbon and Alloy Steel Wire Rod From Belarus, the Russian 
Federation, and the United Arab Emirates: Affirmative Final 
Determinations of Sales at Less Than Fair Value and Partial Affirmative 
Finding of Critical Circumstances

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of carbon and alloy steel wire rod (wire rod) from Belarus, the 
Russian Federation (Russia), and the United Arab Emirates (the UAE) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The final estimated dumping margins of sales at LTFV are 
shown in in the ``Final Determinations'' section of this notice.

DATES: Applicable November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz at (202) 482-2972 
(Belarus), Kaitlin Wojnar at (202) 482-3857 (Russia), Carrie Bethea 
(UAE) at (202) 482-1491, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 12, 2017, the Department published the preliminary 
affirmative determination of critical circumstances concerning Russia 
and the preliminary determinations of sales at LTFV in the 
investigations of wire rod from Belarus, Russia, and the UAE.\1\ We 
invited interested parties to comment on these preliminary 
determinations. We received no comments on the Preliminary LTFV 
Determinations but did receive comments on the scope of these 
investigations. Additionally, no interested party requested a hearing.
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    \1\ See Certain Carbon and Alloy Steel Wire Rod from the Russian 
Federation and the United Arab Emirates: Affirmative Preliminary 
Determinations of Sales at Less Than Fair Value, and Affirmative 
Preliminary Determination of Critical Circumstances for Imports of 
Certain Carbon and Alloy Steel Wire Rod from the Russian Federation, 
82 FR at 42794 (September 12, 2017) (Preliminary LTFV Determinations 
Russia & UAE), and accompanying Preliminary Decision Memorandum 
(PDM); and Carbon and Alloy Steel Wire Rod from Belarus: Preliminary 
Determination of Sales at Less Than Fair Value, 82 FR 42796 
(September 12, 2017) (Preliminary LTFV Determination Belarus), and 
accompanying PDM (collectively, Preliminary LTFV Determinations).
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Scope of the Investigations

    The products covered by these investigations are wire rod from 
Belarus, Russia, and the UAE. For a complete description of the scope 
of the Belarus, Russia, and the UAE investigations, see the Appendix to 
this notice.

Scope Comments

    During the course of these investigations, the Department received 
numerous scope comments from interested parties. Prior to the 
Preliminary LTFV Determinations, the Department issued a Preliminary 
Scope Decision Memorandum to address these comments. As a result of 
these comments, the Department made no changes to the scope of these 
investigations as it appeared in the Initiation Notice.\2\
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    \2\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Scope 
Comments Decision Memorandum for the Preliminary Determination'' 
(Preliminary Scope Decision Memorandum), dated August 7, 2017; see 
also Carbon and Alloy Steel Wire Rod from Belarus, Italy, the 
Republic of Korea, the Russian Federation, South Africa, Spain, the 
Republic of Turkey, Ukraine, United Arab Emirates, and United 
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR 
19207 (April 20, 2017) (Initiation Notice).
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    In September 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to these comments in which we did not

[[Page 56215]]

change the scope of these investigations.\3\
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    \3\ For discussion of these comments, see Memorandum, ``Carbon 
and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, 
the Russian Federation, South Africa, Spain, the Republic of Turkey, 
Ukraine, the United Arab Emirates, and the United Kingdom: Final 
Scope Memorandum'' (Final Scope Decision Memorandum), dated November 
20, 2017.
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Period of Investigations

    The period of investigation (POI) is January 1, 2016, through 
December 31, 2016, for Russia and the UAE. Because Belarus is a non-
market economy (NME) country, the POI for that investigation is July 1, 
2016, through December 31, 2016.

Verification

    Because the mandatory respondents in the Russian and UAE 
investigations did not provide the information requested, and the 
Department determined that Byelorussian Steel Works (BSW) was 
uncooperative, the Department did not conduct verifications under 
section 782(i)(1) of the Act.

Analysis of Comments Received, Use of Adverse Facts Available, and 
Changes Since the Preliminary Determinations

    As noted above, we received no comments pertaining to the 
Preliminary LTFV Determinations.
    As stated in the Preliminary LTFV Determination Belarus, we found 
that BSW is not eligible for separate rate status because it is wholly-
owned by the Government of Belarus. We also found in the Preliminary 
LTFV Determinations that the Belarus-wide entity, as well as the 
mandatory respondents in the investigations involving Russia and the 
UAE,\4\ withheld information that the Department requested and failed 
to provide information by the specified deadlines. This significantly 
impeded the proceedings, and accordingly, resulted in the Department 
relying on facts otherwise available, pursuant to sections 776(a)(1) 
and 776(a)(2)(A)-(C) of the Tariff Act of 1930, as amended (the Act). 
Further, we found that these respondents did not cooperate to the best 
of their abilities to comply with our requests for information, and, 
accordingly, we determined it appropriate to apply adverse inferences 
in selecting from the facts available, pursuant to section 776(b) of 
the Act and 19 CFR 351.308(a).\5\ For the purposes of the final 
determinations, we continue to find that, in accordance with sections 
776(a)-(b) of the Act, application of facts otherwise available with 
adverse inferences is appropriate. Accordingly, the Department has made 
no changes to the Preliminary LTFV Determinations, and no decision 
memoranda accompany this Federal Register notice.
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    \4\ Abinsk Electric Steel Works Ltd. (Abinsk) and JSC NLMK-Ural 
(NLMK Ural) (Russia), and Emirates Steel Industries PJSC (Emirates 
Steel) (UAE).
    \5\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at 
42794, and accompanying PDM at 4-6; and Preliminary LTFV 
Determination Belarus, 82 FR at 42797, and accompanying PDM at 6-10.
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Final Affirmative Determinations of Critical Circumstances

    For Russia, in accordance with section 733(e)(1) of the Act and 19 
CFR 351.206, we preliminarily found that critical circumstances exist 
with respect to mandatory respondents, Abinsk and NLMK Ural, and all 
other producers and exporters of wire rod from Russia (All Others).\6\ 
As stated above, the Department received no comments concerning the 
Preliminary LTFV Determinations. Thus, for these final determinations, 
we continue to find that, in accordance with section 735(a)(3) of the 
Act and 19 CFR 351.206, critical circumstances exist for imports from 
all producers and exporters of wire rod from Russia.
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    \6\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at 
42795.
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All-Others Rate

    As discussed in the Preliminary LTFV Determinations, the Department 
based the selection of the ``All-Others'' rates in Russia and the UAE, 
on the dumping margins alleged in the Petitions,\7\ in accordance with 
section 735(c)(5)(B) of the Act. We made no changes to the selection of 
these rates for these final determinations.\8\
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    \7\ See the Petitions for the Imposition of Antidumping Duties 
on Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic 
of Korea, the Russian Federation, the Republic of South Africa, 
Spain, Turkey, Ukraine, United Arab Emirates, and the United 
Kingdom, dated March 28, 2017 (the Petitions).
    \8\ See Preliminary LTFV Determinations Russia and UAE, 82 FR at 
42795.
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Final Determinations

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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                                 Belarus
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Belarus[dash]Wide Entity \9\................................      280.02
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                                 Russia
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Abinsk Electric Steel Works Ltd.............................      756.93
JSC NLMK-Ural...............................................      756.93
All-Others..................................................      436.80
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                                   UAE
------------------------------------------------------------------------
Emirates Steel Industries PJSC..............................       84.10
All-Others..................................................       84.10
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\9\ The Belarus-wide entity includes BSW, the sole mandatory respondent
  in the investigation of wire rod from Belarus.

Continuation of Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, for these final 
determinations, we will direct U. S. Customs and Border Protection 
(CBP) to suspend liquidation of all entries of wire rod from Russia, as 
described in the Appendix to this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after June 14, 2017 (90 
days prior to the date of publication of the Preliminary LTFV 
Determinations), because we continue to find that critical 
circumstances exist with regard to imports from all producers and 
exporters of wire rod from Russia.
    In accordance with section 735(c)(1)(B) of the Act, for these final 
determinations, the Department will instruct CBP to continue to suspend 
liquidation of all entries of wire rod from Belarus and the UAE, as 
described in the Appendix to this notice, which were entered or 
withdrawn from warehouse, for consumption on or after September 12, 
2017, the date of publication of the preliminary determinations of the 
Belarus and UAE investigations in the Federal Register.
    With respect to entries from Belarus, pursuant to section 
735(c)(1)(B) of the Act and 19 CFR 351.210(d), CBP shall require a cash 
deposit equal to the estimated amount by which the normal value exceeds 
the U.S. price as shown above.
    With respect to entries from Russia, pursuant to section 
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to 
the weighted-average amount by which normal value exceeds U.S. price, 
as follows: (1) For Abinsk and NLMK Ural, the cash deposit rate will be 
equal to the estimated weighted-average dumping margin which the 
Department determined in this final determination; (2) if the exporter 
is not a firm identified in this investigation

[[Page 56216]]

but the producer is, then the cash deposit rate will be equal to the 
estimated weighted-average dumping margin established for the producer 
of the subject merchandise; (3) the cash deposit rate for all other 
producers or exporters will be 436.80 percent, as discussed in the 
``All-Others Rate'' section, above.
    With respect to entries from the UAE, pursuant to section 
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to 
the weighted-average amount by which normal value exceeds U.S. price, 
as follows: (1) For Emirates Steel, the cash deposit rate will be equal 
to the estimated weighted-average dumping margin which the Department 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, then the 
cash deposit rate will be equal to the estimated weighted-average 
dumping margin established for the producer of the subject merchandise; 
(3) the cash deposit rate for all other producers or exporters will be 
84.10 percent, as discussed in the ``All-Others Rate'' section, above.
    These instructions suspending liquidation will remain in effect 
until further notice.

Disclosure

    The estimated weighted-average dumping margins assigned to the 
mandatory respondents in these investigations in the Preliminary LTFV 
Determinations were based on adverse facts available. As we made no 
changes to these margins since the Preliminary LTFV Determinations, no 
disclosure of calculations is necessary for these final determinations.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination of 
sales at LTFV for Belarus, Russia, and the UAE and final affirmative 
determination of critical circumstances for Russia. Because the final 
determinations in these proceedings are affirmative, 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 wire rod from Belarus, Russia, and the 
UAE no later than 45 days after our final determination, in accordance 
with section 735(b)(2) of the Act. If the ITC determines that such 
injury does not exist, these proceedings will be terminated and all 
cash deposits posted will be refunded or cancelled. If the ITC 
determines that such injury exists, the Department will issue 
antidumping duty orders 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 
liquidation.

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 written 
notification of the return or 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.

Notification to Interested Parties

    These determinations are issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: November 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

Scope of the Investigations

    The merchandise covered by these investigations 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 investigation 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 this proceeding is dispositive.

[FR Doc. 2017-25659 Filed 11-27-17; 8:45 am]
BILLING CODE 3510-DS-P