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
50378 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 

9With 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). 

For a complete analysis of the data, please see the 

All-Others’ Rate Calculation Memorandum, dated 

concurrently with this notice. 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

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 

calculated estimated weighted-average 

dumping margins for Habas and Icdas 

that are not zero, de minimis or based 

entirely on facts otherwise available. 

The Department calculated the allothers rate using a simple average of the 

estimated weighted-average dumping 

margins calculated for the examined 

respondents.9

Preliminary Determination 

The Department preliminarily 

determines that the following weightedaverage dumping margins exist: 

Exporter/producer 

Weightedaverage 

margins 

(percent) 

Cash deposit 

rate adjusted 

for subsidy 

offset 

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ............................................................................................... 2.80 2.70 

Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S .................................................................................................. 8.01 8.01 

All-Others ................................................................................................................................................................. 5.41 5.31 

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. 

The Department normally adjusts 

cash deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) proceeding, 

when CVD provisional measures are in 

effect. Accordingly, where the 

Department preliminarily made an 

affirmative determination for 

countervailable export subsidies, the 

Department offset the estimated 

weighted-average dumping margin by 

the appropriate CVD rate. The adjusted 

cash deposit rate may be found in the 

Preliminary Determination section 

above. Should provisional measures in 

the companion CVD investigation expire 

prior to the expiration of provisional 

measures in this LTFV investigation, the 

Department will direct CBP to begin 

collecting estimated antidumping duty 

cash deposits unadjusted for 

countervailed export subsidies at the 

time that the provisional CVD measures 

expire. 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) 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 final 

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 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. 

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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Notices 50379 

1See Biodiesel from Argentina and Indonesia: 

Initiation of Less-Than-Fair Value Investigations, 82 

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

2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Biodiesel from 

Indonesia’’ 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, 82 FR at 18428–29. 

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 affirmative 

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, 213.91.3015, 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 

Method 

B. Results of the Differential Pricing 

Analysis 

VI. Date of Sale 

VII. Product Comparisons 

VIII. Export Price 

IX. Normal Value 

A. Comparison Market Viability 

B. Affiliated-Party Transactions and Arm’sLength Test 

C. Level of Trade 

D. Cost of Production (COP) Analysis 

1. Calculation of COP 

2. Test of Comparison Market Sales Prices 

3. Results of the COP Test 

E. Calculation of NV Based on Comparison 

Market Prices 

F. Calculation of NV Based on Constructed 

Value 

X. Preliminary Negative Determination of 

Critical Circumstances 

A. Legal Framework 

B. Critical Circumstances Allegation 

C. Analysis 

XI. Adjustment to Cash Deposit Rate for 

Export Subsidies 

XII. Currency Conversion 

XIII. Conclusion 

[FR Doc. 2017–23647 Filed 10–30–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–830] 

Biodiesel From Indonesia: 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 biodiesel from 

Indonesia 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: Effective October 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo or Alexander Cipolla, 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) 482–2371 or 

(202) 482–4956, 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 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 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 product covered by this 

investigation is biodiesel from 

Indonesia. 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 parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. Therefore, the 

Department is preliminarily not 

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES