[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13252-13254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06144]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-826]


Carbon and Alloy Steel Wire Rod From the United Kingdom: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative 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 the United Kingdom is being, 
or is likely to be, sold in the United States at less than fair value 
(LTFV). In addition, we determine that critical circumstances exist 
with respect to imports of the subject merchandise. The period of 
investigation is January 1, 2016, through December 31, 2016.

DATES: Applicable March 28, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4682.

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2017, Commerce published the Preliminary 
Determination of sales at LTFV of wire rod from the United Kingdom.\1\
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    \1\ See Carbon and Alloy Steel Wire Rod from the United Kingdom: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Preliminary Affirmative Determination of Critical 
Circumstances, 82 FR 50394 (October 31, 2017) (Preliminary 
Determination).
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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 the United 
Kingdom,'' 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 the United 
Kingdom. 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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[[Page 13253]]

    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 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

    British Steel Limited (British Steel) informed Commerce prior to 
verification that it was withdrawing from participation as a mandatory 
respondent in this investigation.\6\ Accordingly, Commerce was unable 
to conduct verification under section 782(i)(1) of the Act. Moreover, 
Commerce determines that British Steel, by refusing to allow Commerce 
to verify its questionnaire responses, did not cooperate to the best of 
its ability in this investigation.
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    \6\ See British Steel's Letter, ``Carbon and Certain Alloy Steel 
Wire Rod from the United Kingdom: British Steel's Withdrawal from 
Participation as a Mandatory Respondent in the Antidumping 
Investigation,'' dated November 1, 2017 (British Steel Withdrawal 
Letter).
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Adverse Facts Available

    In the Preliminary Determination, because mandatory respondent 
Longs Steel UK Limited (Longs Steel) failed to respond to Commerce's 
questionnaire, we applied adverse facts available (AFA) to this 
respondent, in accordance with sections 776(a) and (b) of the Act and 
19 CFR 351.308.
    Commerce received no comments regarding its preliminary application 
of an AFA dumping margin to Longs Steel. For the final determination, 
Commerce has not altered its analysis or its decision to apply AFA to 
Longs Steel.
    Additionally, due to British Steel's withdrawal from participation 
in this investigation prior to verification, we determine that British 
Steel's data cannot serve as a reliable basis for reaching a 
determination in this investigation because that data could not be 
verified. We further determine that British Steel significantly impeded 
the investigation and did not act to the best of its ability to comply 
with our requests for information. Therefore, we also find it 
appropriate to apply an AFA dumping margin to British Steel. For 
further discussion, see 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. Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis or determined 
based entirely under section 776 of the Act, Commerce may use any 
reasonable method to establish the estimated dumping margin for all 
other producers or exporters. This includes averaging the weighted-
average dumping margins for the individually investigated respondents.
    As noted above, British Steel and Longs Steel are the sole 
mandatory respondents in this proceeding, and the margins for both 
companies are determined entirely under section 776 of the Act. 
Consequently, consistent with section 735(c)(5)(B) of the Act, we are 
using the margin determined for British Steel and Longs Steel as the 
``all-others'' rate. This rate is 147.63 percent.

Final Affirmative Determination of Critical Circumstances

    For the Preliminary Determination, Commerce found that critical 
circumstances exist with respect to imports of wire rod from British 
Steel, Longs Steel, and companies covered by the ``all others'' 
rate.\7\ We made no changes to our critical circumstances preliminary 
determination. For further discussion, see the Issues and Decision 
Memorandum at ``Critical Circumstances.'' Thus, pursuant to section 
735(a)(3) of the Act, and 19 CFR 351.206, we find that critical 
circumstances exist with respect to subject merchandise produced or 
exported by British Steel, Longs Steel, and ``all others.''
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    \7\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 23-24.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
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British Steel Limited...................................          147.63
Longs Steel UK Limited..................................          147.63
All-Others..............................................          147.63
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Disclosure

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

Continuation of Suspension of Liquidation

    For entries made by British Steel, Longs Steel, and companies 
covered by the ``all others'' rate, in accordance with section 
735(c)(4)(B) of the Act, because we continue to find that critical 
circumstances exist, we will instruct CBP to continue to suspend 
liquidation of all appropriate entries of wire rod from the United 
Kingdom which were entered, or withdrawn from warehouse, for 
consumption on or after August 2, 2017, which is 90 days prior to the 
date of publication of the preliminary determination of this 
investigation in the Federal Register.
    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.

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

[[Page 13254]]

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 the United Kingdom, 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 
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 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. Application of Facts Available and Use of Adverse Inference
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Discussion of the Issues
    Comment 1: Determination of Critical Circumstances for British 
Steel
VIII. Recommendation

[FR Doc. 2018-06144 Filed 3-27-18; 8:45 am]
 BILLING CODE 3510-DS-P