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
50392 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

Actividades Especiales S.A., Vicentin S.A.I.C. 

Sucursal Uy, Trading Company X, and Molinos 

Overseas Commodities S.A. See Preliminary 

Decision Memorandum at ‘‘Affiliation and 

Collapsing.’’ 6See Petitioner’s Letter, ‘‘Biodiesel from 

Argentina: Petitioner’s Particular Market Situation 

Allegation Regarding Respondents’ Home Market 

Sales and Costs of Production,’’ dated August 2, 

2017 (PMS Allegation). 7See Vicentin’s Affirmative Pre-Preliminary 

Comments at 5. 8With two respondents under examination, the 

Department normally calculates (A) a weightedaverage of the estimated weighted-average dumping 

margins calculated for the examined respondents; 

(B) a simple average of the estimated weightedaverage dumping margins calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated weighted-average dumping margins 

calculated for the examined respondents using each 

company’s publicly-ranged U.S. sale quantities for 

the merchandise under consideration. The 

Department then compares (B) and (C) to (A) and 

selects the rate closest to (A) as the most 

appropriate rate for all other producers and 

exporters. See Ball Bearings and Parts Thereof from 

France, Germany, Italy, Japan, and the United 

Kingdom: Final Results of Antidumping Duty 

Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order 

in Part, 75 FR 53661, 53663 (September 1, 2010). 

As complete publicly ranged sales data was 

available, the Department based the all-others rate 

on the publicly ranged sales data of the mandatory 

respondents. For a complete analysis of the data, 

please see Memorandum to the File ‘‘Antidumping 

Duty Investigation of Biodiesel from Argentina: 

Preliminary Determsnation Calculation for the ‘AllOthers’ Rate,’’ October 19, 2017 (Preliminary AllOthers Rate Memorandum). 

9The Department preliminarily determined that 

Vicentin S.A.I.C., and companies Renova S.A., 

Oleaginosa Moreno Hermanos S.A., Molinos Agro 

S.A., Patagonia Energia S.A., VFG Inversiones y 

Actividades Especiales S.A., Vicentin S.A.I.C. 

Sucursal Uy, Trading Company X, and Molinos 

Overseas Commodities S.A. are a single entity. See 

Preliminary Decision Memorandum at ‘‘Affiliation 

and Collapsing.’’ 

10See Vicentin Preliminary Analysis 

Memorandum. 

11See Preliminary All-Others Rate Memorandum. 

of the methodology and results of the 

Department’s critical circumstances 

analysis, see the Preliminary Decision 

Memorandum. 

Particular Market Situation 

On August 2, 2017, the National 

Biodiesel Board Fair Trade Coalition 

(petitioner) filed a particular market 

situation (PMS) allegation with respect 

to the respondents’ home market sales 

prices and reported costs of 

production.6 The petitioner asserts that 

a PMS exists in Argentina because the 

Government of Argentina (GOA) sets 

both mandatory monthly sales prices 

and sales quotas for biodiesel producers, 

and restrains the exports of soybeans 

with an export tax, thereby depressing 

the respondents’ reported raw material 

costs in Argentina. The petitioner argues 

that the Department should disregard 

the respondents’ home market sales 

based on a finding that they are 

significantly distorted by government 

intervention. The petitioner also urges 

the Department to make an adjustment 

for the price of soybeans purchased 

from domestic suppliers to address the 

distorted Argentine market for soybeans. 

The respondent Vicentin argues that 

the Department has a preference for 

using home market prices and that the 

standard for finding a PMS and rejecting 

home market prices is that the 

government control must be so 

extensive that pricing is not longer 

profitable.7 Vicentin contends the 

GOA’s prices allow for a return on 

capital. Furthermore, Vicentin asserts 

that the claim that the export tax on 

soybeans is distortive is speculative and 

it cites studies finding that the 

elimination of the export tax would 

have a negligible effect on domestic 

soybean prices. Finally, Vicentin 

contends that the Department has 

previously made clear that a single 

subsidized raw material is insufficient 

to conclude that a PMS exists. 

Based on the facts on the record, the 

Department preliminarily finds that the 

GOA’s regulation of the domestic 

biodiesel market amounts to a PMS in 

Argentina that renders the home market 

prices of the Vicentin Group and LDC 

outside the ordinary course of trade. 

Therefore, the Department is 

preliminarily relying on constructed 

value as the basis for NV in this 

investigation for both respondents. The 

Department also preliminarily finds that 

a PMS exists in Argentina with regard 

to the price of soybeans as a component 

of the cost of manufacturing (COM) for 

biodiesel. Therefore, the Department has 

adjusted the Vicentin Group’s and 

LDC’s COM to account for the distorted 

cost of soybeans. For a full description 

of the methodology underlying the PMS 

determination, 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 rates that are zero, de 

minimis, or determined entirely on facts 

available under section 776 of the Act. 

In this investigation, the Department 

calculated estimated weighted-average 

dumping margins for LDC and the 

Vicentin Group that are not zero, de 

minimis, or based entirely on facts 

otherwise available. The Department 

calculated the all-others rate using a 

weighted average of the estimated 

weighted-average dumping margins 

calculated for the examined respondents 

using each company’s publicly-ranged 

values for the merchandise under 

consideration.8

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

weighted-average dumping margins 

exist: 

Exporter or producer 

Estimated 

weighted-average 

dumping margin 

(percent) 

Cash deposit rate 

(adjusted for 

subsidy offset(s)) 

(percent) 

LDC Argentina S.A ................................................................................................................................ 54.36 54.36 

Vicentin S.A.I.C.9 ................................................................................................................................... 70.05 10 69.91 

All-Others ............................................................................................................................................... 63.00 11 62.92 

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. Furthermore, 

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, 

adjusted for export subsidy offset(s), as 

follows: (1) The cash deposit rate for the 

respondents listed above will be equal 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50393 

12See Biodiesel from Argentina: Preliminary 

Affirmative Countervailing Duty Determination and 

Preliminary Affirmative Critical Circumstances 

Determination, in Part, 82 FR 40748 (August 28, 

2017), and accompanying Preliminary Decision 

Memorandum. 

13See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

to the company-specific estimated 

weighted-average dumping margins, 

adjusted for export subsidy offset(s), 

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 weighted-average dumping 

margin, adjusted for export subsidy 

offset(s), 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 allothers estimated weighted-average 

dumping margin, adjusted for export 

subsidy offset(s). 

The Department normally adjusts 

cash deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion CVD 

proceeding in accordance with section 

772(c)(1)(C), when CVD provisional 

measures are in effect. Accordingly, 

where the Department preliminarily 

made an affirmative determination for 

countervailable export subsidies, the 

Department has offset the estimated 

weighted-average dumping margin by 

the appropriate CVD rate. In the 

preliminary determination in the 

companion CVD investigation, the 

Department found that Vicentin had a 

countervailable export subsidy while 

LDC did not.12 Therefore, we 

preliminarily determine to adjust the 

cash deposit rate for the Vicentin Group 

and make no adjustments to the cash 

deposit rate for LDC in the Preliminary 

Determination. 

Section 733(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the later of (a) the date which is 90 

days before the date on which the 

suspension of liquidation was first 

ordered, or (b) the date on which notice 

of initiation of the investigation was 

published. The Department 

preliminarily finds that critical 

circumstances exist for imports of 

subject merchandise produced or 

exported by LDC and ‘‘all other’’ 

exporters and producers not 

individually examined. In accordance 

with section 733(e)(2)(A) of the Act, the 

suspension of liquidation shall apply to 

unliquidated entries of shipments of 

subject merchandise from the 

producer(s) or exporter(s) identified in 

this paragraph that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date which 

is 90 days before the publication of this 

notice. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

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, 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.13

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 19, 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 product covered by this investigation 

is biodiesel, which is a fuel comprised of 

mono-alkyl esters of long chain fatty acids 

derived from vegetable oils or animal fats, 

including biologically-based waste oils or 

greases, and other biologically-based oil or fat 

sources. The investigation cover biodiesel in 

pure form (B100) as well as fuel mixtures 

containing at least 99 percent biodiesel by 

volume (B99). For fuel mixtures containing 

less than 99 percent biodiesel by volume, 

only the biodiesel component of the mixture 

is covered by the scope of the investigation. 

Biodiesel is generally produced to 

American Society for Testing and Materials 

International (ASTM) D6751 specifications, 

but it can also be made to other 

specifications. Biodiesel commonly has one 

of the following Chemical Abstracts Service 

(CAS) numbers, generally depending upon 

the feedstock used: 67784–80–9 (soybean oil 

methyl esters); 91051–34–2 (palm oil methyl 

esters); 91051–32–0 (palm kernel oil methyl 

esters); 73891–99–3 (rapeseed oil methyl 

esters); 61788–61–2 (tallow methyl esters); 

68990–52–3 (vegetable oil methyl esters); 

129828–16–6 (canola oil methyl esters); 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
50394 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

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 the 

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 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 Antidumping 

Duty Investigation of Carbon and Alloy Steel Wire 

Rod from the United Kingdom’’ 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 Memorandum, ‘‘Antidumping Duty 

Investigation of Carbon and Alloy Steel Wire Rod 

from the United Kingdom: Preliminary SuccessorIn-Interest Determination,’’ dated concurrently with 

this preliminary determination. 

67762–26–9 (unsaturated alkylcarboxylic 

acid methyl ester); or 68937–84–8 (fatty 

acids, C12–C18, methyl ester). 

The B100 product subject to the 

investigation is currently classifiable under 

subheading 3826.00.1000 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS), while the B99 product is currently 

classifiable under HTSUS subheading 

3826.00.3000. Although the HTSUS 

subheadings, ASTM specifications, and CAS 

numbers are provided for convenience and 

customs purposes, the written description of 

the scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Preliminary Affirmative Critical 

Circumstances, In Part 

A. Legal Framework 

B. Critical Circumstances Allegation 

C. Analysis 

V. Affiliation and Collapsing 

A. Vicentin Group 

VI. Discussion of the Methodology 

A. Comparisions to Fair Value 

VII. Product Comparisons 

VIII. Date of Sale 

IX. Export Price and Constructed Export 

Price 

X. Normal Value 

A. Market Viability 

XI. Particular Market Situation 

A. Background 

B. Interest Parties’ Arguments 

C. Analysis 

XII. Calculation of Normal Value Based on 

Constructed Value 

XIII. Circumstance of Sale Adjustment 

XIV. Adjustment to Cash Deposit Rate for 

Export Subsidies 

XV. Currency Conversion 

XVI. Conclusion 

[FR Doc. 2017–23601 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–412–826] 

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 

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 the United 

Kingdom 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: 

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 

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 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 the 

United Kingdom. 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. The Department selected 

two respondents in this investigation, 

British Steel Limited (British Steel) and 

Longs Steel UK Limited (Longs Steel). 

British Steel submitted information on 

the record of this investigation 

demonstrating that it purchased Longs 

Steel during the POI. British Steel also 

submitted information supporting its 

claim that it operates essentially as a 

new company. After analyzing this 

information, the Department 

preliminarily finds that British Steel is 

not the successor-in-interest to Longs 

Steel. For further discussion, see the 

Preliminary Decision Memorandum and 

the Successor-In-Interest Analysis 

Memo.8

With respect to British Steel, 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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES