[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13249-13251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06136]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-831]


Carbon and Alloy Steel Wire Rod From Turkey: Final Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) determines that carbon 
and alloy steel wire rod (wire rod) from Turkey is being, or is likely 
to be, sold in the United States at less than fair value during the 
period of investigation (POI) is January 1, 2016, through December 31, 
2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Ian Hamilton, 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) 482-5260 and (202) 482-4798, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination in the Federal Register.\1\
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    \1\ See Carbon and Alloy Steel Wire Rod from Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, and 
Preliminary Negative Determination of Critical Circumstances, 82 FR 
50377 (October 31, 2017) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final determination of this investigation 
is now March 19, 2018.\2\ A summary of the events that occurred since 
Commerce 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 Issues and Decision Memorandum, 
which is hereby adopted by this notice.\3\
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    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'', dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
    \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 Turkey,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers wire rod from Turkey. For a 
complete description of the scope of the investigation, see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received numerous 
scope comments from interested parties. Prior to the Preliminary 
Determination, Commerce issued a Preliminary Scope Decision Memorandum 
to address these comments and made no changes to the scope of the 
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 Determination'' 
(Preliminary Scope Decision Memorandum), dated August 7, 2017.
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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 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 by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty

[[Page 13250]]

Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, Room B-8024 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/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) in November 2017 and February 2018, we conducted 
verification of the sales and cost information submitted by Habas Sinai 
ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji 
Tersane ve Ulasim Sanayi A.S. (Icdas) 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 Habas and Icdas.\6\
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    \6\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Antidumping Duty Investigation of 
Certain Carbon and Alloy Steel Wire Rod from Turkey: Verification of 
Habas Sinai Ve Tibbi Gazlar Istih,'' dated February 14, 2018; 
Memorandum, ``Verification of Icdas Celik Enerji Tersane ve Ulasim 
A.S., in the Antidumping Duty Investigation of Certain Carbon and 
Alloy Steel Wire Rod from Turkey,'' dated February 14, 2018; 
Memorandum, ``Verification of Habas Sinai Ve Tibbi Gazlar Istih, in 
the Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Wire Rod from Turkey,'' dated February 12, 2018; Memorandum, 
``Verification of Icdas Celik Enerji Tersane ve Ulasim A.S., in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Wire Rod from Turkey,'' dated February 12, 2018.
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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 for 
Habas and Icdas. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Therefore, for purposes of determining the ``all-others'' rate 
and pursuant to section 735(c)(5)(A) of the Act, we are using the 
dumping margins calculated for Habas and Icdas, as referenced in the 
``Final Determination'' section below.
    In this investigation, Commerce calculated estimated weighted-
average dumping margins for Habas and Icdas that are not zero, de 
minimis or based entirely on facts otherwise available. Commerce 
calculated the all-others rate using a simple average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents.\7\
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    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sale 
quantities for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). For a complete analysis of the data, please see 
the All-Others' Rate Calculation Memorandum, dated concurrently with 
this notice.
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Final Negative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances do not exist with respect to imports of wire rod from 
Habas, Icdas, and all-other exporters/producers covered by the ``all 
others'' rate.\8\ We did not modify our critical circumstances findings 
for the final determination. Thus, pursuant to section 735(a)(3) of the 
Act, and 19 CFR 351.206(h)(1)-(2), we continue to find that critical 
circumstances do not exist with respect to subject merchandise produced 
or exported by Habas, Icdas, and ``all others.''
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    \8\ See Preliminary Determination, 82 FR at 50377, and 
accompanying Preliminary Decision Memorandum, at 18-21.
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Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Weighted-     Cash deposit
                                              average      rate adjusted
          Exporter/manufacturer               dumping       for subsidy
                                              margins         offset
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Habas Sinai ve Tibbi Gazlar Istihsal                4.74            0.87
 Endustrisi.............................
Icdas Celik Enerji Tersane ve Ulasim                7.94            4.15
 Sanayi A.S.............................
All Others..............................            6.34            2.51
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Disclosure

    We will disclose the calculations performed within five days of the 
date of public announcement of this notice to parties in this 
proceeding in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of wire rod from Turkey, 
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 of this 
investigation in the Federal Register.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce made an affirmative 
determination for countervailable export subsidies, Commerce offset the 
estimated weighted-average dumping margin by the appropriate CVD rate. 
The adjusted cash deposit rate may be found in the Final Determination 
section above.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown above.

[[Page 13251]]

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
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 wire rod from Turkey 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, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, 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.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to 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 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.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: March 19, 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 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Scope Comments
VI. Margin Calculations
VII. Discussion of the Issues
    General
    1. Whether Respondents' Duty Drawback Adjustment Should Be 
Granted as Reported and How To Calculate Any Adjustment
    Habas
    2. Whether Habas' U.S. Date of Sale Is Contract Date or Invoice 
Date
    3. Whether Habas' Zero-Interest Loans Reflect Commercial Reality
    4. Whether Habas' Home Market Credit Expenses Should Be 
Recalculated To Reflect the Period From Shipment to Payment
    5. Whether To Recalculate Habas' Billet Cost To Account for 
Yield Loss
    6. Whether Habas' Broken Billets Should Be Valued at Scrap 
Prices
    Icdas
    7. Whether Icdas' U.S. Date of Sale Is Contract Date or Invoice 
Date
    8. Whether the Application of Partial Adverse Facts Available 
(AFA) Is Warranted for Icdas' Reporting of U.S. Sales
    9. Whether Commerce Should Calculate a Domestic Inland Freight 
Adjustment for Icdas' U.S. Sales
    10. Whether Commerce Should Disregard Icdas' Reported Cost of 
Inland Freight Charged by Third Party Providers in Its Home Market 
Sales Database Home Market Freight Expenses
    11. Whether Commerce Should Include an Offset for Rental Income 
From Icdas Electrik in Calculating Icdas' G&A Rate Ministerial Error 
in the Cost Test for OTS
    12. Whether Commerce Should Accept a Correction of a Clerical 
Error in the By-Product Adjustment Rate Financial Expense Ratio
    13. Whether Commerce Should Grant Icdas' Request To Correct 
Manufacturer Identification Codes
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Recommendation

[FR Doc. 2018-06136 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P