[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60586-60588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27502]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-836]


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

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


[[Page 60587]]


SUMMARY: On October 31, 2017, the Department published its preliminary 
determination in the antidumping duty investigation of carbon and alloy 
steel wire rod (wire rod) from Italy in the Federal Register. The 
Department is amending this preliminary determination to correct two 
significant ministerial errors.

DATES: Applicable December 21, 2017.

FOR FURTHER INFORMATION CONTACT: Victoria Cho, 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) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2017, the Department published the Preliminary 
Determination in the antidumping duty investigation of wire rod from 
Italy.\1\ On October 31, 2017, Ferriere Nord S.p.A. (Ferriere Nord), a 
producer and exporter of subject merchandise, timely filed ministerial 
error allegations concerning the Preliminary Determination and 
requested, pursuant to 19 CFR 351.224(c)(1), that the Department 
correct the alleged ministerial errors. No additional parties submitted 
comments.
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    \1\ See Carbon and Alloy Steel Wire Rod from Italy: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 82 FR 
50381 (October 31, 2017) (Preliminary Determination), and 
accompanying decision memorandum.
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Scope of the Investigation

    The product covered by this investigation is wire rod from the 
Italy. For a complete description of the scope of this investigation, 
see the Appendix.

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.'' 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.'' A significant ministerial error is defined 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.\2\
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    \2\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    Ferriere Nord timely alleged that the Department made certain 
significant ministerial errors regarding the calculation of U.S. gross 
unit price and of general and administrative expenses.\3\ No other 
party alleged errors in the Department's Preliminary Determination or 
commented on Ferriere Nord's allegations of error. After analyzing 
Ferriere Nord's allegations of error regarding the U.S. gross unit 
price used to calculate its margin in the Preliminary Determination, we 
determine that we made certain significant ministerial errors in the 
Preliminary Determination with respect to our treatment of gross unit 
prices in both the U.S. and home markets.\4\ However, after analyzing 
Ferriere Nord's allegations of error regarding the general and 
administrative expenses used to calculate its margin in the Preliminary 
Determination, we determine that we did not make a ministerial error. 
Rather, our calculation of general and administrative expenses was 
methodological in nature. For a detailed discussion of Ferriere Nord's 
ministerial error allegations, as well as the Department's analysis of 
these alleged errors, see the Ministerial Error Memorandum.
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    \3\ See Ferriere Nord's October 31, 2017, Submission (Ferriere 
Nord's Allegation).
    \4\ See Memorandum entitled, ``Antidumping Duty Investigation on 
Carbon and Alloy Steel Wire Rod from Italy: Ministerial Error 
Memorandum,'' dated concurrently with, and hereby adopted by, this 
notice (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(g)(1), the Department's errors in the 
calculation of Ferriere Nord's gross unit prices are significant 
because their correction results in 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 preliminary 
determination (i.e., a change from a weighted-average dumping margin of 
22.06 percent to 12.58 percent). Therefore, we are correcting these 
errors and amending our Preliminary Determination accordingly.\5\
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    \5\ See Ministerial Error Memorandum.
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of significant ministerial errors made in the margin 
calculation for Ferriere Nord in accordance with 19 CFR 351.224(e). In 
the Preliminary Determination, the Department preliminarily assigned a 
rate based on entirely on facts available, with an adverse inference 
(AFA), to Ferriera Valsider, S.p.A. (Ferriera Valsider), the other 
respondent selected for individual examination. Specifically, in the 
Preliminary Determination, we applied Ferriere Nord's calculated margin 
to Ferriera Valsider (i.e., 22.06 percent). The preliminary assigned 
rate in the Preliminary Determination for Ferriere Nord is no longer 
the highest rate. As a result of the change in Ferriere Nord's margin 
for these amended preliminary determination, we are amending the facts 
available rate for Ferriera Valsider and assigning the corroborated 
rate of 18.89 percent \6\ to Ferriere Valsider, which is the sole rate 
identified in the petition.
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    \6\ See Ministerial Error Memorandum; see also the Corroboration 
Memorandum dated concurrent with this notice; AD Investigation 
Initiation Checklist: Certain Carbon and Alloy Steel Wire Rod from 
Italy (April 17, 2017).
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    As discussed in the Preliminary Determination, the Department 
assigned the rate calculated for Ferriere Nord to all-other producers 
and exporters.\7\ Thus, we are also amending the ``all-others'' rate to 
account for the change in Ferriere Nord's margin.
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    \7\ See Preliminary Determination, 82 FR at 50382.
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    As a result of the correction of the ministerial error, the revised 
weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Exporter/ manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ferriere Nord S.p.A./Acciaierie di Verona S.p.A.\8\.........       12.58
Ferriera Valsider S.p.A.....................................       18.89
All Others..................................................       12.58
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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) of the 
Tariff Act of 1930, as amended (the Act). Because these amended rates 
result in reduced cash deposit rates, they will be effective 
retroactively to October 31, 2017, the date of publication of the 
Preliminary Determination.
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    \8\ For the purposes of the Preliminary Determination, we 
collapsed Ferriere Nord and Acciaierie di Verona S.p.A. as a single 
entity.

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[[Page 60588]]

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we intend to notify 
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 15, 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 merchandise 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 of 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 may also 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 these proceedings is dispositive.

[FR Doc. 2017-27502 Filed 12-20-17; 8:45 am]
 BILLING CODE 3510-DS-P