[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2135-2137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-816]


Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Department) determines that 
imports of carbon and alloy steel wire rod (wire rod) from Ukraine are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The final estimated weighted-average dumping margins of 
sales at LTFV are listed below in the section entitled ``Final 
Determination.'' The period of investigation is January 1, 2016, 
through December 31, 2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1394, or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, the Department published the Preliminary 
Determination in the Federal Register.\1\ The petitioners in this 
investigation are Gerdau Ameristeel US Inc., Nucor Corporation, 
Keystone Consolidated Industries, Inc., and Charter Steel 
(collectively, the petitioners). The mandatory respondents in this 
investigation are ArcelorMittal Steel Kryvyi Rih OJSC (AMKR) and Public 
Joint Stock Company (PJSC) Yenakiieve Steel (Yenakiieve).\2\ In the 
Preliminary Determination, the Department determined that the 
application of facts available with an adverse inference (AFA) was 
warranted as a result of AMKR's and Yenakiieve's failure to cooperate 
and provide complete, useable data in this investigation.
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    \1\ See Carbon and Alloy Steel Wire Rod from Ukraine: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 50375 (October 31, 2017) (Preliminary Determination) 
and accompanying Preliminary Decision Memorandum.
    \2\ The Department preliminarily determined not to further 
examine Duferco S.A. (Duferco) as part of this investigation because 
the evidence does not show that Duferco made any sales of subject 
merchandise in the United States during the POI. For the final 
determination, we continue to find that Duferco had no sales of 
subject merchandise during the POI. As such, any entries of subject 
merchandise exported by Duferco will be subject to the All-Others 
Rate.
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    A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the accompanying Issues and Decision Memorandum.\3\ The Issues 
and Decision Memorandum is a public document, and is on file 
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 B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues 
and Decision Memorandum are identical in content.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Carbon and Alloy Steel Wire Rod from Ukraine,'' 
dated concurrently with this determination and hereby adopted by 
this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are generally described 
as

[[Page 2136]]

wire rod from Ukraine. For a complete description of the scope of the 
investigation, see Appendix I of this notice.

Scope Comments

    During the course of this investigation, the Department received 
numerous scope comments from interested parties. Prior to the 
Preliminary Determination, 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 this 
investigation as it appeared in the Initiation Notice.\4\
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    \4\ 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 Determinations'' 
(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 26, 2017) (Initiation Notice).
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    In November 2017, we received scope case and rebuttal briefs. On 
November 20, 2017, we issued the Final Scope Decision Memorandum in 
response to the comments received.\5\ We did not change the scope of 
this investigation.
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    \5\ 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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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties in this investigation are addressed in 
the Issues and Decision Memorandum. A list of these issues is attached 
to this notice at Appendix II.

Verification

    Because the mandatory respondents in this investigation did not 
provide the information requested, the Department did not conduct 
verification.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    The Department has made no changes to the Preliminary 
Determination. As explained in the Preliminary Determination, we found 
that the application of facts available with an adverse inference with 
respect to both mandatory respondents in this investigation, AMKR and 
Yenakiieve, was warranted, in accordance with sections 776(a)(1), 
776(a)(2), and 776(b) of the Act.\6\
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    \6\ See Preliminary Determination, 82 FR at 50375; see also PDM 
at 7-24.
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All-Others Rate

    As discussed in the Preliminary Determination, the Department based 
the selection of the all-others rate on the simple average of the six 
dumping margins calculated for subject merchandise from Ukraine alleged 
in the petition,\7\ in accordance with section 735(c)(5)(B) of the Act, 
and determined a rate of 34.98 percent. We made no changes to the all-
others rate for this final determination.\8\
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    \7\ See Letter to the Secretary of Commerce and the Secretary of 
the U.S. International Trade Commission, ``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--Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated March 
28, 2017; see also Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
Notice of Final Determination of Sales at Less Than Fair Value: Raw 
Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); 
Steel Threaded Rod from Thailand: Preliminary Determination of Sales 
at Less Than Fair Value and Affirmative Preliminary Determination of 
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), 
unchanged in Steel Threaded Rod from Thailand: Final Determination 
of Sales at Less Than Fair Value and Affirmative Final Determination 
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014).
    \8\ See Preliminary Determination, 82 FR at 50375.
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Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
ArcelorMittal Steel Kryvyi Rih..............................       44.03
Public Joint Stock Company Yenakiieve Iron and Steel Works..       44.03
All-Others..................................................       34.98
------------------------------------------------------------------------

Disclosure

    The estimated weighted-average dumping margin assigned to AMKR and 
Yenakiieve in this investigation in the Preliminary Determination were 
based on adverse facts available and the Department described the 
method it used to determine the AFA rate in the Preliminary 
Determination. As we made no changes to this margin since the 
Preliminary Determination, no disclosure of calculations is necessary 
for this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all appropriate entries of wire rod from Ukraine, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after October 31, 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. 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 AMKR and Yenakiieve, the cash deposit rates 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 and 
exporters will be 34.98 percent, as discussed in the ``All-Others 
Rate'' section and as listed in the chart, above.
    The instructions suspending liquidation will remain in effect until 
further notice.

U.S. 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. 
Because the final determination in this proceeding is 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, or sales (or the likelihood of 
sales) for importation of wire rod from Ukraine no later than 45 days 
after this final determination, in accordance with section 735(b)(2) of 
the Act. 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 antidumping duty order 
directing CBP

[[Page 2137]]

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 will serve as a reminder to parties subject to 
administrative protective orders (APOs) 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 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

    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: January 8, 2018.
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 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 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.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Determination of No Sales
VI. Discussion of the Issues:
    Comment 1: Application of Total AFA to AMKR
    Comment 2: Application of Total AFA to Yenakiieve
VII. Recommendation

[FR Doc. 2018-00571 Filed 1-12-18; 8:45 am]
 BILLING CODE 3510-DS-P