Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50375 

1See 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). 

2See Carbon and Alloy Steel Wire Rod from Italy, 

the Republic of Korea, the Republic of South Africa, 

Spain, the Republic of Turkey, Ukraine and the 

United Kingdom: Postponement of Preliminary 

Determinations in the Less-Than-Fair-Value 

Investigations, 82 FR 39564 (April 26, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Carbon and Alloy Steel 

Wire Rod from Ukraine’’ dated concurrently with, 

and hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See 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. 

7See Preliminary Decision Memorandum. 

8See, e.g., 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; see also 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 

Continued 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–823–816] 

Carbon and Alloy Steel Wire Rod From 

Ukraine: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that carbon and alloy steel 

wire rod (wire rod) from Ukraine is 

being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV). The period of investigation 

(POI) is January 1, 2016, through 

December 31, 2016. 

DATES: Applicable October 31, 2017. 

FOR FURTHER INFORMATION CONTACT: Julia 

Hancock, Annathea Cook, 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, 

(202) 482–0250, or (202) 482–4997, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on April 26, 2017.1 On August 21, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now until October 24, 2017.2 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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 accessed directly 

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

The signed Preliminary Decision 

Memorandum and the electronic 

version are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are wire rod from Ukraine. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,4 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage (i.e., scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this investigation, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Preliminary Scope Decision 

Memorandum.6 Since the issuance of 

the Preliminary Scope Decision 

Memorandum, certain parties submitted 

scope case briefs or scope rebuttal 

briefs.7 The Department will issue a 

final scope decision on the records of 

the wire rod investigations after 

considering those comments submitted 

in scope case and rebuttal briefs. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

731 of the Act. Pursuant to section 

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

Department has preliminarily relied 

upon facts otherwise available, with 

adverse inferences for ArcelorMittal 

Steel Kryvyi Rih (AMKR) and Public 

Joint Stock Company Yenakiieve Iron 

And Steel Works (Yenakiieve). The 

Department has preliminarily 

determined that Duferco S.A. (Duferco) 

was not the first in the supply chain to 

have knowledge that subject 

merchandise was destined for the U.S. 

and as such, has been deselected as a 

respondent in this proceeding. For 

further discussion, see the Preliminary 

Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(A)(ii) and 

735(c)(5)(A) of the Act provide that in 

the preliminary determination the 

Department shall determine an 

estimated all-others rate for all exporters 

and producers not individually 

examined. This 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 and de minimis 

margins, and any 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 on facts 

otherwise available, the Department 

may use any reasonable method to 

establish the estimated weightedaverage dumping margin for all-other 

producers or exporters. 

The Department has preliminarily 

determined the estimated weightedaverage dumping margin for each of the 

individually examined respondents 

under section 776 of the Act. 

Consequently, pursuant to section 

735(c)(5)(B) of the Act, the Department’s 

normal practice under these 

circumstances has been to calculate the 

‘‘all-others’’ rate as a simple average of 

the alleged dumping margins from the 

petition.8


asabaliauskas on DSKBBXCHB2PROD with NOTICES
50376 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

Affirmative Final Determination of Critical 

Circumstances, 79 FR 14476, 14477 (March 14, 

2014). 

9See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

weighted-average dumping margins 

exist: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

ArcelorMittal Steel Kryvyi Rih ..... 44.03 

Public Joint Stock Company 

Yenakiieve Iron And Steel 

Works ...................................... 44.03 

All-Others .................................... 34.98 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, the Department will direct 

U.S. Customs and Border Protection 

(CBP) to suspend liquidation of entries 

of subject merchandise, as described in 

Appendix I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), the Department will 

instruct CBP to require a cash deposit 

equal to the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) The cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margins determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

Disclosure 

Normally, the Department discloses to 

interested parties the calculations 

performed in connection with a 

preliminary determination within five 

days of any public announcement or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of preliminary 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

However, because the Department 

preliminarily applied AFA to the 

individually examined companies, 

AMKR and Yenakiieve, in this 

investigation, in accordance with 

section 776 of the Act, and the applied 

AFA rate is based solely on the petition, 

there are no calculations to disclose. 

Verification 

Because the mandatory respondents 

in this investigation did not provide 

information requested by the 

Department, and the Department 

preliminarily determines that each has 

been uncooperative, we will not 

conduct verification. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than 50 days after 

the date of publication of the 

preliminary determination, unless the 

Secretary alters the time limit. Rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

five days after the deadline date for case 

briefs.9 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230, at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Final Determination 

Section 735(a)(1) of the Act and 19 

CFR 351.210(b)(1) provide that the 

Department will issue the final 

determination within 75 days after the 

date of its preliminary determination. 

Accordingly, the Department will make 

its final determination no later than 75 

days after the signature date of this 

preliminary determination. 

International Trade Commission 

In accordance with section 773(f) of 

the Act, the Department will notify the 

International Trade Comission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: October 24, 2017. 

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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50377 

1See 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). 

2See Carbon and Alloy Steel Wire Rod from Italy, 

the Republic of Korea, the Republic of South Africa, 

Spain, the Republic of Turkey, Ukraine and the 

United Kingdom: Postponement of Preliminary 

Determinations in the Less-Than-Fair-Value 

Investigations, 82 FR 39564 (August 21, 2017). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination and Negative 

Determination of Critical Circumstances 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 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice, 82 FR at 19207–08. 

6See 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,’’ dated August 7, 2017 

(Preliminary Scope Decision Memorandum). 

7See Preliminary Decision Memorandum. 

8See Letter to the Secretary from Nucor re: 

Carbon and Alloy Steel Wire Rod from Russia, 

South Africa, Spain, Turkey, and the United 

Kingdom: Critical Circumstances Allegations, dated 

July 6, 2017. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Preliminary Determination of No 

Shipments 

VI. Application of Facts Available and 

Adverse Inference 

A. Legal Standard 

B. Application of Facts Available with 

Adverse Inference for AMKR 

C. Application of Facts Available with 

Adverse Inference for Yenakiieve 

D. Selection and Corroboration of AFA 

Rate 

E. All-Others Rate 

VIII. Conclusion 

[FR Doc. 2017–23648 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–831] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that certain carbon and alloy 

steel wire rod (wire rod) from the 

Republic of Turkey (Turkey) is being, or 

is likely to be, sold in the United States 

at less than fair value (LTFV). The 

period of investigation (POI) is January 

1, 2016, through December 31, 2016. 

DATES: Applicable October 31, 2017. 

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 or (202) 482–4798, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on April 26, 2017.1 On August 21, 2017, 

the Department postponed the 

preliminary determination of this 

investigation until October 24, 2017.2

For a complete description of the events 

that followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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 accessed directly 

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

The signed Preliminary Decision 

Memorandum and the electronic 

version are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are wire rod from Turkey. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,4 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage (scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. For a summary 

of the product coverage comments and 

rebuttal responses submitted to the 

record for this investigation, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Preliminary Scope Decision 

Memorandum.6 Since the issuance of 

the Preliminary Scope Decision 

Memorandum, certain parties submitted 

scope case briefs or scope rebuttal 

briefs.7 The Department will issue a 

final scope decision on the records of 

the wire rod investigations after 

considering those comments submitted 

in scope case and rebuttal briefs. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

731 of the Act. The Department has 

calculated export prices in accordance 

with section 772(a) of the Act. Normal 

value (NV) is calculated in accordance 

with section 773 of the Act. For a full 

description of the methodology 

underlying the preliminary conclusions, 

see the Preliminary Decision 

Memorandum. 

Preliminary Negative Determination of 

Critical Circumstances 

On July 6, 2017, the petitioners filed 

a critical circumstances allegation with 

respect to imports of wire rod from 

Turkey.8 In accordance with section 

733(e) of the Act and 19 CFR 351.206, 

we preliminarily find that critical 

circumstances do not exist with respect 

to imports of wire rod from Turkey for 

Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi A.S. (Habas), Icdas Celik 

Enerji Tersane ve Ulasim Sanayi A.S. 

(Icdas), and all-other exporters/ 

producers of wire rod from Turkey. For 

a full description of the methodology 

and results of the Department’s critical 

circumstances analysis, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(A)(ii) of the Act 

provides that in the preliminary 

determination the Department shall 

determine an estimated all-others rate 

for all exporters and producers not 

individually investigated in accordance 

with section 735(c)(5) of the Act. 

Section 735(c)(5)(A) of the Act states 

that generally this rate shall be an 

amount equal to the weighted average of 

the estimated weighted-average 

dumping margins established for 


asabaliauskas on DSKBBXCHB2PROD with NOTICES