68858 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices 

1See Carbon and Certain Alloy Steel Wire Rod 

from the People’s Republic of China: Preliminary 

Affirmative Countervailing Duty Determination, 

Preliminary Affirmative Critical Circumstances 

Determination, and Alignment of Final 

Countervailing Duty Determination with Final 

Antidumping Duty Determination, 79 FR 38490 

(July 8, 2014) (Preliminary Determination) and 

accompanying Decision Memorandum (Preliminary 

Decision Memorandum). 

2See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, ‘‘Issues and Decision Memorandum for 

the Final Determination in the Countervailing Duty 

Investigation of Certain Carbon and Alloy Steel 

Wire Rod from the People’s Republic of China,’’ 

dated concurrently with this notice (Issues and 

Decision Memorandum). 

3See Preliminary Decision Memorandum at 14– 

19. 

Dated: November 7, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I—List of Topics Discussed in 

the Preliminary Decision Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of Methodology 

1. Use of Adverse Facts Available 

2. Selection of Adverse Facts Available Rate 

3. Corroboration of Secondary Information 

4. Separate Rates 

Recommendation 

[FR Doc. 2014–27404 Filed 11–18–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–013] 

Carbon and Certain Alloy Steel Wire 

Rod From the People’s Republic of 

China: Final Affirmative Countervailing 

Duty Determination and Final 

Affirmative Critical Circumstances 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

carbon and certain alloy steel wire rod 

(steel wire rod) from the People’s 

Republic of China (PRC) as provided in 

section 705 of the Tariff Act of 1930, as 

amended (the Act). The period of 

investigation (POI) is January 1, 2013, 

through December 31, 2013. For 

information on the estimated subsidy 

rates, see the ‘‘Suspension of 

Liquidation’’ section of this notice. 

DATES: Effective Date: November 19, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Trainor or Reza Karamloo, 

Office II, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–4007 and (202) 482–4470, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The petitioners in this investigation 

are ArcelorMittal USA LLC, Charter 

Steel, Evraz Pueblo (formerly Evraz 

Rocky Mountain Steel), Gerdau 

Ameristeel U.S. Inc., Keystone 

Consolidated Industries, Inc. and Nucor 

Corporation. In addition to the 

Government of the PRC, the mandatory 

respondents in this investigation are 

Benxi Beiying Iron & Steel Group Import 

& Export Corp., Benxi Beiying Iron & 

Steel (Group) Co. Ltd. (collectively, 

Benxi Steel) and Hebei Iron & Steel Co. 

Ltd. Tangshan Branch (Hebei Iron & 

Steel). 

The events that have occurred since 

the Department published the 

Preliminary Determination 1 on July 8, 

2014, are discussed in the Issues and 

Decision Memorandum, which is hereby 

incorporated in this notice.2 This 

memorandum also details the changes 

we made since the Preliminary 

Determination to the subsidy rates 

calculated for the mandatory 

respondents and all other producers/

exporters. 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 (IA ACCESS). 

IA ACCESS is available to registered 

users at http://iaaccess.trade.gov, and is 

available to all parties in the Central 

Records Unit, Room 7046 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 Issues and Decision 

Memorandum and the electronic 

version of the Issues and Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The scope of this investigation covers 

certain hot-rolled products of carbon 

steel and alloy steel, in coils, of 

approximately circular cross section, 

less than 19.00 mm in actual solid crosssectional 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 phosphorus, 

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. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation are discussed in the 

Issues and Decision Memorandum, 

dated concurrently with this notice. A 

list of the issues that parties have raised, 

and to which we responded in the 

Issues and Decision Memorandum, is 

attached to this notice as Appendix I. 

Use of Facts Otherwise Available, 

Including Adverse Inferences 

For purposes of this final 

determination, we continue to rely on 

facts available and to draw an adverse 

inference, in accordance with sections 

776(a) and (b) of the Act, to determine 

the subsidy rate for Hebei Iron & Steel, 

because it failed to participate in this 

investigation.3 On July 11, 2014, Benxi 

Steel notified the Department that it was 

withdrawing from participation in the 

investigation. By refusing to participate 

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Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices 68859 

4See Preliminary Determination, 79 FR at 38591. 

5See Issues and Decision Memorandum at ‘‘VI. 

Critical Circumstances.’’ 

6See Raw Flexible Magnets from the People’s 

Republic of China: Affirmative Countervailing Duty 

Determination, 73 FR 39667 (July 10, 2008); Final 

Affirmative Countervailing Duty Determination: 

Certain Hot-Rolled Carbon Steel Flat Products From 

Argentina, 66 FR 37007, 37008 (July 16, 2001); 

Final Affirmative Countervailing Duty 

Determination: Prestressed Concrete Steel Wire 

Strand From India, 68 FR 68356, 68357 (December 

8, 2003). 

7The companies comprising Benxi Steel are: 

Benxi Beiying Iron & Steel Group Import & Export 

Corp.; Benxi Beiying Iron & Steel (Group) Co. Ltd.; 

Benxi Steel Group Corporation; Beitai Iron & Steel 

(Group) Co., Ltd.; Benxi Northern Steel Rolling Co., 

Ltd.; Benxi Beifang Gaosu Steel Wire Rod Co., Ltd.; 

Benxi Beitai Gaosu Steel Wire Rod Co., Ltd.; Benxi 

Northern Steel Co., Ltd.; Benxi Beifang Second 

Rolling Co., Ltd.; Benxi Beitai Ductile Iron Pipes 

Co., Ltd.; Benxi Iron and Steel (Group) Metallurgy 

Co., Ltd.; Benxi Iron and Steel (Group) Real Estate 

Development Co., Ltd.; Bei Tai Iron and Steel Group 

Imp. and Exp. (Dalian) Co., Ltd.; and Bengang Steel 

Plate Co., Ltd. 

futher in the investigation, Benxi Steel 

withheld requested information and 

significantly impeded this proceeding. 

Thus, for the final determination we are 

basing the countervailing duty rate for 

Benxi Steel on facts otherwise available 

pursuant to sections 776(a)(2)(A), (B), 

(C), and (D) of the Act. Because Benxi 

Steel did not cooperate to the best of its 

ability in this investigation, we further 

determine that an adverse inference is 

warranted, pursuant to section 776(b) of 

the Act. For a full discussion of these 

issues, see the Issues and Decision 

Memorandum. 

Critical Circumstances 

In the Preliminary Determination, the 

Department concluded, in accordance 

with section 703(e)(1) of the Act, that 

critical circumstances exist with respect 

to imports of steel wire rod from the 

PRC produced and/or exported by Hebei 

Iron & Steel and all other producers/

exporters except for Benxi Steel.4 For 

the final determination we have 

changed our findings with respect to 

Benxi Steel.5 Therefore, in accordance 

with section 705(a)(2) of the Act, we 

find that critical circumstances exist 

with respect to imports from Benxi 

Steel, Hebei Iron & Steel, and all other 

producers/exporters of steel wire rod 

from the PRC. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i) of the Act, we calculated 

separate subsidy rates for the 

individually-investigated producers/

exporters of the subject merchandise, 

Benxi Steel and Hebei Iron & Steel. 

Section 705(c)(5)(A)(ii) of the Act 

provides that, if the countervailable 

subsidy rates established for all 

individually-investigated exporters and 

producers are determined entirely under 

section 776 of the Act, the Department 

may use any reasonable method to 

establish an all-others rate for exporters 

and producers not individually 

investigated. In this case, the rates 

calculated for the two investigated 

companies are based entirely on facts 

available under section 776 of the Act. 

As there is no other information on the 

record, we based the all-others rate on 

the AFA rates calculated for Benxi Steel 

and Hebei Iron & Steel, consistent with 

our past practice.6 We calculated the allothers rate by averaging these two rates. 

We determine the total estimated net 

countervailable subsidy rates to be: 

Company Subsidy rate 

(percent) 

Benxi Steel 7 ......................... 193.31 

Hebei Iron & Steel ................ 178.46 

All Others .............................. 185.89 

As a result of our affirmative 

preliminary critical circumstances 

determination with respect to all 

companies other than Benxi Steel, 

pursuant to section 703(e)(2) of the Act, 

we instructed U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

of all entries of subject merchandise 

from companies other than Benxi Steel 

which were entered or withdrawn from 

warehouse, for consumption on or after 

April 9, 2014, the date 90 days prior to 

the date of the publication of the 

Preliminary Determination in the 

Federal Register. As a result of our 

negative preliminary critical 

circumstances determination with 

respect to Benxi Steel, we instructed 

CBP to suspend liquidation as of July 8, 

2014, the publication date of the 

Preliminary Determination. 

In accordance with section 703(d) of 

the Act, we later issued instructions to 

CBP to discontinue the suspension of 

liquidation for countervailing duty 

purposes for subject merchandise 

entered, or withdrawn from warehouse, 

on or after November 5, 2014, but to 

continue the suspension of liquidation 

of all entries from April 9, 2014 through 

November 4, 2014, as appropriate. 

We will issue a countervailing duty 

order and reinstate the suspension of 

liquidation in accordance with our final 

determination and under section 706(a) 

of the Act if the United States 

International Trade Commission (ITC) 

issues a final affirmative injury 

determination, and we will instruct CBP 

to require a cash deposit of estimated 

countervailing duties for such entries of 

merchandise in the amounts indicated 

above. If the ITC determines that 

material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated and all estimated 

duties deposited as a result of the 

suspension of liquidation will be 

refunded. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, eiher publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: November 12, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary and Issues 

1. Application of Adverse Facts Available 

(AFA) to Hebei Iron & Steel and Benxi 

Steel 

2. AFA Rates for Hebei Iron & Steel and 

Benxi Steel 

3. Calculation of the All-Others Rate 

4. Critical Circumstances 

II. Background 

III. Application of the Countervailing Duty 

Law to Imports from the PRC 

IV. Use of Facts Otherwise Available and 

Adverse Inferences 

V. Critical Circumstances 

VI. Analysis of Comments 

VII. Recommendation 

[FR Doc. 2014–27410 Filed 11–18–14; 8:45 am] 

BILLING CODE 3510–DS–P 

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