Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50389 

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 20, 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 in the Less-ThanFair-Value Investigation of Carbon and Alloy Wire 

from Spain’’ 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 Determination’’ (Preliminary Scope 

Decision Memorandum), dated August 7, 2017. 

7See Preliminary Decision Memorandum. 

8See, e.g., Notice of Final Determination of Sales 

at Less Than Fair Value: Coated Free Sheet Paper 

from Indonesia, 72 FR 60636 (October 25, 2007), 

and accompanying Issues and Decision 

Memorandum; Certain Coated Paper Suitable for 

High-Quality Print Graphics Using Sheet-Fed 

Presses from Indonesia: Final Determination of 

Sales at Less Than Fair Value, 75 FR 59223 

(September 27, 2010), and accompanying Issues and 

Decision Memorandum, at 4 and Comment 6. 

9For further discussion of this issue, see 

Preliminary Decision Memorandum; see also 

Memorandum entitled, ‘‘Certain Carbon and Alloy 

Steel Wire Rod from Spain: GSW, CELSA Atlantic, 

and CELSA Barcelona Affiliation and Collapsing 

Memorandum,’’ dated concurrently with this 

notice; see also, Preliminary Decision 

Memorandum, at 4–5. 

this requirement could result in the 

presumption that reimbursement of the 

AD duties occurred and the subsequent 

assessment of doubled AD duties. 

Administrative Protective Orders 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305, which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

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 terms of an APO is a 

violation which is subject to sanction. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: October 25, 2017. 

James Maeder, 

Senior Director perfoming the duties of 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2017–23643 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–816] 

Carbon and Alloy Steel Wire Rod From 

Spain: Preliminary Affirmative 

Determination of Sales at Less Than 

Fair Value and Preliminary 

Determination of Critical 

Circumstances, in Part 

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 Spain 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: 

Davina Friedmann or Chelsey 

Simonovich, AD/CVD Operations, 

Office VI, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–0698 or 

(202) 482–1979, 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 20, 2017.1 On August 15, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now 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 and the electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The products covered by this 

investigation are wire rod from Spain. 

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. 

Affiliation and Collapsing 

In accordance with section 771(33)(F) 

of the Act, 19 CFR 351.401(f), and the 

Department’s practice,8 we are treating 

Global Steel Wire (GSW), CELSA 

Atlantic SA (CELSA Atlantic), 

Compania Espanola de Laminacion 

(CELSA Barcelona) (collectively, 

CELSA) as a single entity for the 

purposes of this preliminary 

determination.9

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. 

Furthermore, pursuant to section 776(a) 

and (b) of the Act, the Department has 

preliminarily relied upon adverse facts 

available for ArcelorMittal Espana S.A. 

(AME). For a full description of the 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
50390 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, the 

Department preliminarily finds that 

critical circumstances do not exist for 

CELSA and all-other companies, but do 

exist for AME. 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)(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. In 

this investigation, the Department 

preliminarily assigned a rate based 

entirely on facts available to AME. 

Therefore, the only rate that is not zero, 

de minimis, or based entirely on facts 

otherwise available is the rate calculated 

for CELSA. Consequently, the estimated 

weighted-average dumping margin 

calculated for CELSA is the margin 

assigned to all-other producers and 

exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

weighted-average dumping margins 

exist: 

Exporter/producer 

Estimated 

weighted-average 

dumping margin 

(percent) 

Global Steel Wire/ 

CELSA Atlantic SA/ 

Compania Espanola 

de Laminacion ........... 20.25 

ArcelorMittal Espana 

S.A. ........................... 32.64 

All-Others ...................... 20.25 

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 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this 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 this notice 

in accordance with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information relied upon in making 

its final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.10

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 

Notification 

In accordance with section 733(f) of 

the Act, the Department will notify the 

International Trade Commission (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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50391 

1See Biodiesel from Argentina and Indonesia: 

Initiation of Less-Than-Fair-Value Investigations, 82 

FR 18428 (April 19, 2017) (Initiation Notice). 

2See Memorandum to Gary Tavernman, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations performing the 

non-exclusive functions and duties of the Assistant 

Secretary for Enforcement and Compliance, from 

James Maeder, Senior Director for Antidumping and 

Countervailing Duty Operations performing the 

duties of Deputy Assistant Secretary for 

Antidumping and Countervailing Duty Operations, 

‘‘Decision Memorandum for the Preliminary 

Determination in the Less-Than-Fair-Value 

Investigation of Biodiesel from Argentina,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

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

4See Initiation Notice. 

5 Vicentin Group consists of the following 

companies: Vicentin, Renova S.A., Oleaginosa 

Moreno Hermanos S.A., Molinos Agro S.A., 

Patagonia Energia S.A., VFG Inversiones y 

Continued 

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 Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope Comments 

V. Discussion of the Methodology 

A. Determination of the Comparison 

Methold 

B. Results of the Differential Pricing 

Analysis 

VI. Date of Sale 

VII. Product Comparisons 

VIII. Export Price and Constructed Export 

Price Discussion of the Methodology 

IX. Normal Value 

A. Home Market Viability 

B. Level of Trade 

C. Cost of Production (COP) Analysis 

1. Calculation of COP 

2. Test of Comparison Market Sales Prices 

3. Results of the COP Test 

D. Calculation of NV Based on Comparison 

Market Prices 

X. Application of Facts Available and Use of 

Adverse Facts Available 

A. Application of Facts Available 

B. Use of Adverse Inference 

C. Selection and Corroboration of the AFA 

Rate 

XI. Preliminary Determination of Critical 

Circumstances 

A. Legal Framework 

B. Critical Circumstances Allegation 

C. Analysis 

XII. Currency Conversion 

XIII. Conclusion 

[FR Doc. 2017–23650 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–357–820] 

Biodiesel From Argentina: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value, Preliminary 

Affirmative Determination of Critical 

Circumstances, in Part 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that biodiesel from 

Argentina is being, or is likely to be, 

sold in the United States at less than fair 

value. The period of investigation is 

January 1, 2016, through December 31, 

2016. 

DATES: Effective October 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

David Lindgren, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–3870. 

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 19, 2017.1 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.2 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 Department’s main building. In 

addition, a complete version of the 

Preliminary Decision Memorandum can 

be accessed directly at http://

enforcement.trade.gov/frn/. The signed 

and the electronic versions of the 

Preliminary Decision Memorandum are 

identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is biodiesel from 

Argentina. 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,3 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage (i.e., scope).4 No 

interested party commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. Therefore, the 

Department is not preliminarily 

modifying the scope language as it 

appeared in the Initiation Notice. See 

the scope in Appendix I to this notice. 

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. 

Constructed export prices have been 

calculated in accordance with section 

772(b) 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 determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, the 

Department preliminarily finds that 

critical circumstances exist for LDC 

Argentina S.A. (LDC) and ‘‘all other’’ 

producers or exporters not individually 

examined. We preliminarily find that 

critical circumstances do not exist for 

Vicentin S.A.I.C. (Vicentin) and certain 

affiliated companies (collectively, the 

Vicentin Group).5 For a full description 


asabaliauskas on DSKBBXCHB2PROD with NOTICES