[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57726-57727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26401]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-816]


Carbon and Alloy Steel Wire Rod From Spain: Amended Preliminary 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: On October 31, 2017, the Department of Commerce (Department) 
published in the Federal Register the preliminary determination of the 
less-than-fair-value investigation of carbon and alloy steel wire rod 
(wire rod) from Spain. The Department is amending its preliminary 
determination to correct a significant ministerial error.

DATES: Applicable December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1979.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, the Department published in the Federal 
Register the Preliminary Determination \1\ of the less-than-fair-value 
investigation of wire rod from Spain. On November 6, 2017, Global Steel 
Wire S.A., CELSA Atlantic S.A., and Compan[iacute]a Espa[ntilde]ola de 
Laminaci[oacute]n (collectively, CELSA) alleged that the Department 
made a significant ministerial error in the Preliminary 
Determination.\2\
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    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Spain: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, and Preliminary Determination of Critical Circumstances, 
In Part, 82 FR 50390 (October 31, 2017) (Preliminary Determination).
    \2\ See CELSA's November 6, 2017 letter, ``Antidumping Duty 
Investigation of Carbon and Alloy Steel Wire Rod from Spain: 
Significant Ministerial Errors Contained in the Preliminary 
Determination'' (Ministerial Error Allegation).
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Scope of the Investigation

    The product covered by this investigation is wire rod from Spain. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined in 19 CFR 
351.224(g) as a ministerial error, the correction of which, singly or 
in combination with other errors, would result in: (1) A change of at 
least five absolute percentage points in, but not less than 25 percent 
of, the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination; or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. 
Further, 19 CFR 351.224(e) provides that the Department ``will analyze 
any comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.''

Ministerial Error Allegation

    CELSA alleges that the Department double-counted the international 
freight expenses in the calculation of U.S. net prices, increasing the 
amount deducted for international movement costs, and increasing the 
dumping margin. CELSA maintains that correcting this error results in a 
decrease of more than five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin, thereby 
meeting the definition of ``significant'' pursuant to 19 CFR 
351.224(g)(1).\3\ Additionally, CELSA alleges that the Department has 
misclassified direct selling expenses in the United States as indirect 
selling expenses incurred in Spain.
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    \3\ See Ministerial Error Allegation.
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    We find that the Department unintentionally included international 
freight expenses twice when adjusting U.S. price for movement expense 
in the margin calculation program.\4\ The Department also 
unintentionally entered a variable used to capture indirect selling 
expenses in Spain in the program calculation for direct selling 
expenses in the United States.\5\ These errors constitute ministerial 
errors

[[Page 57727]]

within the meaning of 19 CFR 351.224(f).\6\ Moreover, correcting these 
ministerial error changes the margin from 20.25 percent to 10.61 
percent, thereby making these errors significant ministerial errors 
within the meaning of 19 CFR 351.224(g)(1).\7\
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    \4\ See Department Memorandum: ``Preliminary Determination 
Calculation for Global Steel Wire Rod, CELSA Atlantic S.A., and 
Compania Espanola de Laminacion in the Antidumping Duty 
Investigation of Certain Carbon and Alloy Steel Wire Rod from 
Spain,'' dated October 24, 2017, at 8.
    \5\ Id.
    \6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial 
Error in the Preliminary Determination,'' dated concurrently with 
this memorandum (Ministerial Error Analysis Memorandum).
    \7\ See DOC Memorandum: ``Amended Preliminary Determination 
Calculation for CELSA,'' dated concurrently with this memorandum 
(Amended Calculation Memo).
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of ministerial errors made in the margin calculation for 
CELSA. In addition, because the ``All-Others'' rate in the Preliminary 
Determination was based on the estimated weighted-average dumping 
margin calculated for CELSA,\8\ we are, consistent with section 
735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), also 
amending the ``All-Others'' rate. As a result of the correction of the 
ministerial error, the revised weighted-average dumping margins are as 
follows:
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    \8\ See Preliminary Determination, 82 FR at 50390.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       dumping
                                                              margin
                                                             (percent)
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Global Steel Wire S.A./CELSA Atlantic S.A./                        10.61
 Compan[iacute]a Espa[ntilde]ola de Laminaci[oacute]n...
All[dash]Others.........................................           10.61
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Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) and (f) of 
the Act and 19 CFR 351.224. Because the rates are decreasing from the 
Preliminary Determination, the amended cash deposit rates will be 
effective retroactively to October 31, 2107, the date of publication of 
the Preliminary Determination notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: December 1, 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 Investigation

    The products covered by this investigation 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. 2017-26401 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P