32632 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

the People’s Republic of China: Analysis 

Memorandum for Stanley,’’ dated concurrently with 

this notice. 

11See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

12See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

13See Certain Steel Nails from the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review; 2013–2014, 81 FR 

14092 (March 16, 2016); Certain Steel Nails from 

the People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review, Final 

Determination of No Shipments and Final Partial 

Rescission; 2014–2015, 82 FR 14344 (March 20, 

2017); and Certain Steel Nails from the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review and Final 

Determination of No Shipments; 2015–2016, 83 FR 

11683 (March 16, 2018). 

1See the Memorandum, ‘‘Certain Hot-Rolled Steel 

Flat Products from Brazil: Decision Memorandum 

for Preliminary Results of the Antidumping Duty 

Administrative Review; 2016–2017’’ (dated 

concurrently with this Federal Register notice) 

(Preliminary Decision Memorandum). 

2See Certain Hot-Rolled Steel Flat Products from 

Australia, Brazil, Japan, the Republic of Korea, the 

Netherlands, the Republic of Turkey, and the 

United Kingdom: Amended Final Affirmative 

Antidumping Determinations for Australia, the 

Republic of Korea, and the Republic of Turkey and 

Antidumping Duty Orders, 81 FR 67962 (October 3, 

2016) (Antidumping Duty Order). 

Timken Notice 

In its decision in Timken, 893 F.2d at 

341,11 as clarified by Diamond 

Sawblades,12 the Court of Appeals for 

the Federal Circuit (CAFC) held that, 

pursuant to section 516A(e) of the Tariff 

Act of 1930, as amended (Act), 

Commerce must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Commerce determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The Court’s June 19, 2018, Final 

Judgment constitutes a final decision of 

the Court that is not in harmony with 

Commerce’s Final Results. This notice is 

published in fulfillment of the 

publication requirement of Timken. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending the 

Final Results with respect to Stanley. 

The revised weighted-average dumping 

margin for Stanley for the period August 

1, 2012, through July 31, 2013, is as 

follows: 

Exporter 

Weightedaverage 

margin 

(percent) 

Stanley .................................. 10.16 

Commerce will continue the 

suspension of liquidation of the subject 

merchandise pending the expiration of 

the period of appeal or, if appealed, 

pending a final and conclusive court 

decision. In the event the Court’s ruling 

is not appealed or, if appealed, upheld 

by the CAFC, Commerce will instruct 

U.S. Customs and Border Protection to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise exported by Xi’an Metals 

and Stanley using the appropriate 

assessment rates. 

Cash Deposit Requirements 

As stated in the AR5 Remand 

Redetermination, the cash deposit rate 

for Stanley has been superseded by cash 

deposit rates calculated in intervening 

administrative reviews of the 

antidumping duty order on certain steel 

nails from China.13 Thus, we will not 

alter Stanley’s cash deposit rate. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: July 6, 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. 

[FR Doc. 2018–15011 Filed 7–12–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–845] 

Certain Hot-Rolled Steel Flat Products 

From Brazil: Preliminary Results of the 

Antidumping Duty Administrative 

Review; 2016–2017 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting an 

administrative review of the 

antidumping duty order on certain hotrolled steel flat products from Brazil. 

The period of review (POR) is March 22, 

2016, through Septemer 30, 2017. This 

review covers six producers/exporters of 

the subject merchandise. Commerce 

selected one mandatory respondent, 

Companhia Siderurgica Nacional (CSN), 

for individual examination. We 

preliminarily determine that sales of 

subject merchandise have been made 

below normal value (NV) during the 

POR. We invite interested parties to 

comment on these preliminary results. 

DATES: Applicable July 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Peter Zukowski, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0189. 

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The products covered by this 

investigation are certain hot-rolled steel 

flat products from Brazil. For a complete 

description of the scope of this order, 

please see the accompanying 

Preliminary Decision Memorandum.1

Methodology 

Commerce is conducting this review 

in accordance with sections 751(a) of 

the Tariff Act of 1930, as amended (the 

Act). For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. 

The Preliminary 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 to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be found at 

http://enforcement.trade.gov/frn/. The 

signed Preliminary Decision 

Memorandum and the electronic 

version of the Preliminary Decision 

Memorandum are identical in content. 

A list of the topics discussed in the 

Preliminary Decision Memorandum is 

attached as the Appendix to this notice. 

Adverse Facts Available 

Pursuant to section 776(a) and (b) of 

the Act, Commerce has preliminarily 

relied upon facts otherwise available 

with adverse inferences (AFA) for CSN 

because this respondent did not respond 

to Commerce’s antidumping duty 

questionnaire. For a complete 

explanation of the methodology and 

analysis underlying the preliminary 

application of AFA, see the Preliminary 

Decision Memorandum. 

Adjustment for Export Subsidies 

In the original investigation, we 

subtracted from the final dumping 

margin of 33.14 percent the portion of 

CSN’s countervailing duty rate 

attributable to export subsidies (4.07 

percent) in order to calculate the cashdeposit rate of 29.07 percent.2 Since the 

publication of the Antidumping Duty 

Order, we have not conducted an 


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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32633 

3This is the first administrative review following 

the completion of the investigation. 

4See Albemarle Corp. v. United States, 821 F.3d 

1345 (Fed. Cir. 2016). 

5See, e.g., Diamond Sawblades and Parts Thereof 

from the People’s Republic of China: Final Results 

of Antidumping Duty Administrative Review; 2015– 

2016, 83 FR 17527 (April 20, 2018). 

6See Preliminary Decision Memorandum for 

more detail. 

7See 19 CFR 351.309(c)(ii). 

8See 19 CFR 351.309(d)(1). 

9See 19 CFR 351.309(c)(2) and (d)(2). 

10See 19 CFR 351.303. 

11See 19 CFR 351.310(c). 

12 Id. 

13See section 751(a)(3)(A) of the Act. 

14See 19 CFR 351.212(b). 

15See section 751(a)(2)(C) of the Act. 

administrative review of the 

countervailing duty order on Hot-Rolled 

Steel from Brazil.3 Therefore, the 

portion of the countervailing duty rate 

attributable to export subsidies 

currently in effect for CSN is 4.07 

percent. Further, imports from CSN 

during the POR were subject to 

countervailing duties to offset export 

subsidies of 4.07 percent or more. As 

such, we have adjusted the dumping 

margin to ensure that, in accordance 

with section 772(c)(1)(C) of the Act, we 

do not collect duties attributable to 

export subsidies twice. 

Rate for Non-Selected Companies 

In accordance with the U.S. Court of 

Appeals for the Federal Circuit’s 

decision in Albemarle Corp. v. United 

States,4 we are applying to the nonselected companies the adjusted 

dumping margin we are preliminarily 

applying to CSN in this administrative 

review.5 This is the only rate 

determined in this review for an 

individual respondent, and thus, it is 

applicable to the non-selected 

companies under section 735(c)(5)(B) of 

the Act. For a detailed discussion, see 

the Preliminary Decision Memorandum. 

Preliminary Results of the Review 

As a result of this review, Commerce 

preliminarily determines that for the 

period March 22, 2016, through 

Septemer 30, 2017, the following 

weighted-average dumping margins 

exist: 6

Exporter and/or producer Weighted-average 

dumping margin 

Rate adjusted for 

export subsidies 

Aperam South America ............................................................................................................................... 34.28 30.21 

ArcelorMittal Brasil ....................................................................................................................................... 34.28 30.21 

Companhia Siderurgica Nacional ................................................................................................................ 34.28 30.21 

Companhia Siderurgica Suape .................................................................................................................... 34.28 30.21 

Marcegaglia do Brasil .................................................................................................................................. 34.28 30.21 

Usinas Siderurgicas de Minas Gerais SA ................................................................................................... 34.28 30.21 

Disclosure 

Normally, Commerce discloses to 

interested parties the calculations 

performed in connection with the 

preliminary results within five days of 

the date of publication of the notice of 

preliminary results in the Federal 

Register, in accordance with 19 CFR 

351.224(b). However, there are no 

calculations to disclose because, in 

accordance with section 776 of the Act, 

we have relied on the application of 

AFA to CSN, the only mandatory 

respondent subject to this review, for 

purposes of these preliminary results for 

CSN. Because the AFA dumping margin 

is based solely on a dumping margin 

applied in a prior segment of this 

proceeding, there are no calculations to 

disclose. 

Public Comment 

Interested parties may submit case 

briefs not later than 30 days after the 

date of publication of this notice.7

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than five days after the time limit for 

filing case briefs.8 Parties who submit 

case briefs or rebuttal briefs in this 

proceeding are encouraged to submit 

with each argument: (1) A statement of 

the issue; (2) a brief summary of the 

argument; and (3) a table of authorities.9

Case and rebuttal briefs should be filed 

using ACCESS.10

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. An electronically-filed 

document must be received successfully 

in its entirety by ACCESS by 5 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice.11

Hearing requests should contain: (1) The 

party’s name, address, and telephone 

number; (2) the number of participants; 

and (3) a list of issues to be discussed. 

Issues raised in the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing to be held at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230.12

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis of 

arguments raised in any written briefs, 

not later than 120 days after the 

publication of these preliminary results 

in the Federal Register, unless 

otherwise extended.13

Assessment Rates 

Upon completion of the 

administrative review, Commerce shall 

determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries covered by this review.14 The 

final results of this review shall be the 

basis for the assessment of antidumping 

duties on entries of merchandise 

covered by the final results of this 

review and for future deposits of 

estimated duties, where applicable.15

We intend to issue instructions to CBP 

15 days after the publication date of the 

final results of this review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for each specific 

company listed above will be that 

established in the final results of this 

review, except if the rate is less than 

0.50 percent and, therefore, de minimis 

within the meaning of 19 CFR 

351.106(c)(1), in which case the cash 

deposit rate will be zero; (2) for 

previously investigated companies not 

participating in this review, the cash 

deposit will continue to be the 

company-specific rate published for the 

most recently completed segment of this 

proceeding in which the company 

participated; (3) if the exporter is not a 

firm covered in this review, or the 

original less-than-fair-value (LTFV) 


sradovich on DSK3GMQ082PROD with NOTICES
32634 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

16See Antidumping Duty Order. 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 82 FR 

57705 (December 7, 2017). 

2See Steel Wire Garment Hangers from the 

People’s Republic of China; 2016–2017; Partial 

Rescission of the Ninth Antidumping Duty 

Administrative Review, 83 FR 18276 (April 26, 

2018). 

3See Memorandum for The Record from 

Christian Marsh, Deputy Assistant Secretary for 

Enforcement and Compliance, performing the nonexclusive 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 three days. 

4See Notice of Antidumping Duty Order: Steel 

Wire Garment Hangers from the People’s Republic 

of China, 73 FR 58111 (October 6, 2008) (Order). 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review of Steel Wire Garment 

Hangers from the People’s Republic of China; 2016– 

2017,’’ dated concurrently with and hereby adopted 

by this notice (Preliminary Decision Memorandum). 

6See Antidumping Proceedings: Announcement 

of Change in Department Practice for Respondent 

Selection in Antidumping Duty Proceedings and 

Conditional Review of the Nonmarket Economy 

Entity in NME Antidumping Duty Proceedings, 78 

FR 65963 (November 4, 2013). 

7See Steel Wire Garment Hangers from the 

People’s Republic of China: Preliminary Results of 

Antidumping Duty Administrative Review; 2013– 

2014, 80 FR 41480 (July 15, 2015), and 

accompanying Preliminary Decision Memorandum, 

unchanged in Steel Wire Garment Hangers from the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review, 2013– 

2014, 80 FR 69942 (November 12, 2015). 

8See Shanghai Wells’ January 18, 2018 Section A 

Questionnaire Response at 1–8. 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent segment 

for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 29.07 

percent, the all-others rate established 

in the LTFV investigation.16 These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(4). 

Dated: July 6, 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 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Application of Facts Available and 

Adverse Inferences 

A. Use of Facts Available 

B. Application of Facts Available With an 

Adverse Inference 

C. Selection and Corroboration of Adverse 

Facts Available Rate 

D. Rate for Non-Selected Companies 

V. Conclusion 

[FR Doc. 2018–15013 Filed 7–12–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–918] 

Steel Wire Garment Hangers From the 

People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Administrative Review; 2016– 

2017 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that Shanghai Wells Hanger Co., Ltd., 

Hong Kong Wells Ltd., and Hong Kong 

Wells Ltd. (USA) (collectively, Shanghai 

Wells) sold subject merchandise in the 

United States at prices below normal 

value (NV) during the period of review 

(POR), October 1, 2016, through 

September 30, 2017. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Applicable July 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Trenton Duncan or Ian Hamilton, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3539, or (202) 482–4798, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This administrative review is being 

conducted in accordance with section 

751(a) of the Tariff Act of 1930, as 

amended (the Act). Commerce 

published the notice of initiation of this 

administrative review on steel wire 

garment hangers from the People’s 

Republic of China (China) on December 

7, 2017.1 On April 26, 2018,2 Commerce 

partially rescinded the review on 17 

companies. Commerce exercised its 

discretion to toll all deadlines affected 

by the closure of the Federal 

Government from January 20 through 

22, 2018. As a result, the revised 

deadline for the preliminary results of 

this administrative review is now July 6, 

2018.3

Scope of the Order 

The merchandise subject to the Order 

is steel wire garment hangers.4 The 

products are currently classifiable under 

the Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings: 

7326.20.0020, 7323.99.9060, and 

7323.99.9080. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written product description of the scope 

of the order remains dispositive.5

China-Wide Entity 

Commerce’s policy regarding 

conditional review of the China-wide 

entity applies to this administrative 

review.6 Under this policy, the Chinawide entity will not be under review 

unless a party specifically requests, or 

Commerce self-initiates, a review of the 

entity. Because no party requested a 

review of the China-wide entity in this 

review, the entity is not under review 

and the entity’s rate is not subject to 

change, (i.e., 187.25 percent).7

Separate Rates 

Commerce preliminarily determines 

that information placed on the record by 

Shanghai Wells demonstrates that this 

entity is entitled to separate rate status.8

For additional information, see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Act. We calculated constructed 

export prices and export prices in 

accordance with section 772 of the Act. 

Because China is a non-market economy 


sradovich on DSK3GMQ082PROD with NOTICES