Barium Carbonate From the People's Republic of China: Continuation of Antidumping Duty Order, 8286-8287 [2015-03197]

Download as PDF 8286 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES the Department is initiating a CCR of the antidumping duty order on LEU from France with respect to AREVA. Based on the information and documentation AREVA submitted in its November 10, 2014 letter, we find that we have received sufficient information to warrant initiation of a review to determine if changed circumstances exist to support the extension of time to re-export the specified entry of LEU. Section 351.221 (c)(3)(ii) of the Department’s regulations permits the Department to combine the notice of initiation of a changed circumstances review and the notice of preliminary results if the Department concludes that expedited action is warranted. In this instance, because we have on the record the information necessary to make a preliminary finding, we find that expedited action is warranted, and have combined the notice of initiation and the notice of preliminary results. Preliminary Results of Expedited Changed Circumstances Review Based on the Department’s analysis of the information provided by AREVA in its request for a CCR, in accordance with 19 CFR 351.216, we preliminarily determine that changed circumstances to extend the time period for reexportation a third time do not exist, and that AREVA should not be granted an additional extension of time to reexport this one entry of subject merchandise. In its Third CCR Request, AREVA explained that the Japanese end-user remained unable to take delivery of the subject LEU due to conditions caused by the March 11, 2011 earthquake and tsunami in Japan, that the Japanese enduser was working to comply with ‘‘detailed and lengthy’’ regulatory requirements of Japan’s Nuclear Regulatory Authority, and that AREVA and the Japanese end-user were unable to confirm when re-export of the subject entry of LEU would be possible.9 In the Final Results of Second Changed Circumstances Review, the Department stated that ‘‘. . . if the Japanese end-user is unable to take delivery by the November 1, 2015 deadline, AREVA, the U.S. importer as well as the French exporter, will be required to re-export this sole entry to France or pay antidumping duties on the entry at the applicable rate.’’ 10 Given that the situation where the Japanese end-user would be unable to take delivery was anticipated in the previous CCR, we do not consider this 9 See id. at 3–4. 10 See Final Results of Second Changed Circumstances Review, 78 FR at 66899. VerDate Sep<11>2014 16:51 Feb 13, 2015 Jkt 235001 situation to be ‘‘changed circumstances.’’ The Department stated in the Final Results of Second Changed Circumstances Review,11 that this would be the final extension, and further stated in the accompanying decision memorandum that to allow the re-export deadline to be extended indefinitely would mean ‘‘ignoring this aspect of the scope.’’12 The Department preliminarily determines that changed circumstances do not exist beyond the changed circumstances already recognized in the two previous changed circumstances reviews, and that AREVA will not be granted a further extension to re-export the specified entry of LEU. Public Comment Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to the issues raised in the case briefs, may be filed no later than 5 days after the submission of case briefs. All written comments shall be submitted in accordance with 19 CFR 351.303. All submissions are to be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), and must also be served on interested parties.13 ACCESS is available to registered users at https:// access.trade.gov, and it is available to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time on the deadline.14 Any interested party may request a hearing within 30 days of publication of this notice. Any hearing, if requested, will be held no later than 37 days after the date of publication of this notice, or the first business day thereafter. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing. Notifications to Interested Parties Consistent with 19 CFR 351.216(e), we will issue the final results of this changed circumstances review no later 11 See id. Memorandum to Paul Piquado, ‘‘Decision Memorandum for Final Results of Changed Circumstances Review of Low Enriched Uranium from France,’’ October 31, 2013. 13 See 19 CFR 351.303(f). 14 See 19 CFR 351.303(b). 12 See PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 than 270 days after the date on which this review is initiated, or within 45 days after the date on which this review is initiated if all parties agree to our preliminary finding. The final results will include the Department’s analysis of issues raised in any written comments. We are issuing and publishing these preliminary results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 19 CFR 351.216. Dated: February 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–03194 Filed 2–13–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–880] Barium Carbonate From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on barium carbonate from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. DATES: Effective Date: February 17, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 6, 2003, the Department published the final determination in the AD investigation of barium carbonate from the PRC.1 On October 1, 2003, the 1 See Notice of Final Determination of Sales at Less Than Fair Value: Barium Carbonate From the People’s Republic of China, 68 FR 46577 (August 6, 2003) (‘‘Final Determination’’). E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices Department issued the AD order on barium carbonate from the PRC.2 There have been no administrative reviews since issuance of the Order. There have been no related findings or rulings (e.g., changed circumstances review, scope ruling, duty absorption review) since issuance of the Order. On January 9, 2009, the Department published the final results of the expedited first sunset review of this Order.3 On March 17, 2009, the Department published the continuation of the Order.4 On February 3, 2014, the Department initiated the second five-year (‘‘sunset’’) review of the AD order on barium carbonate from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).5 As a result of its review, the Department determined that revocation of the antidumping duty order on barium carbonate from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.6 On February 6, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on barium carbonate from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.7 Scope of the Order tkelley on DSK3SPTVN1PROD with NOTICES 2 See Antidumping Duty Order: Barium Carbonate From the People’s Republic of China, 68 FR 56619 (October 1, 2003) (‘‘Order’’). 3 See Barium Carbonate From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 74 FR 882 (January 9, 2009). 4 See Barium Carbonate From the People’s Republic of China: Continuation of Antidumping Duty Order, 74 FR 11348 (March 17, 2009). 5 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 6163 (February 3, 2014). 6 See Barium Carbonate From the People’s Republic of China: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order, 79 FR 32221 (June 4, 2014) and accompanying Issues and Decision Memorandum. 7 See Barium Carbonate From China: Determination, 80 FR 6766 (February 6, 2015); see also Barium Carbonate from China (Inv. No. 731– TA–1020 (Second Review), USITC Publication 4518, February 2015). 16:51 Feb 13, 2015 Dated: February 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–03197 Filed 2–13–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE The merchandise covered by this order is barium carbonate, regardless of form or grade. The product is currently classifiable under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. VerDate Sep<11>2014 Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on barium carbonate from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Jkt 235001 National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Southeast Region Vessel and Gear Identification Requirements. OMB Control Number: 0648–0358. Form Number(s): None. Type of Request: Regular (revision and extension of a currently approved information collection). Number of Respondents: 7,825. Average Hours per Response: Vessel marking, 75 minutes; gear marking varies from 10 seconds for cultured live rocks, to 20 minutes for mackerel gillnet buoys. Burden Hours: 50,575. Needs and Uses: This request is for a regular submission (revision and PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 8287 extension of a currently approved information collection). With this request, OMB Control No. 0648–0359, Southeast Region Gear Identification Requirements is being merged into OMB Control No. 0648–0358, Southeast Region Vessel Identification Requirements. The National Marine Fisheries Service (NMFS) Southeast Region manages the U.S. fisheries in the exclusive economic zone (EEZ) of the South Atlantic, Caribbean, and Gulf of Mexico regions under various Fishery Management Plans (FMPs). The Regional Fishery Management Councils prepared the FMPs pursuant to the MagnusonStevens Fishery Conservation and Management Act. The regulations implementing the FMPs are located at 50 CFR part 622. The recordkeeping and reporting requirements at 50 CFR part 622 form the basis for this collection of information. NMFS Southeast Region requires that all permitted fishing vessels must mark their vessel with the official identification number or some form of identification. A vessel’s official number, under most regulations, is required to be displayed on the port and starboard sides of the deckhouse or hull, and weather deck. The official number and color code identifies each vessel and should be visible at distances from the sea and in the air. These markings provide law enforcement personnel with a means to monitor fishing, at-sea processing, and other related activities, to ascertain whether the vessel’s observed activities are in accordance with those authorized for that vessel. The identifying number is used by NMFS, the United States Coast Guard (USCG) and other marine agencies in issuing violations, prosecutions, and other enforcement actions. Vessels that qualify for particular fisheries are readily identified, gear violations are more readily prosecuted, and this allows for more cost-effective enforcement. Requirements, also at 50 CFR part 622, that fishing gear be marked, are also essential to facilitate enforcement. The ability to link fishing gear to the vessel owner is crucial to enforcement of regulations issued under the authority of the Magnuson-Stevens Act. The marking of fishing gear is also valuable in actions concerning damage, loss, and civil proceedings. The requirements imposed in the Southeast Region are for coral aquacultured live rock; golden crab traps; mackerel gillnet floats; spiny lobster traps; black sea bass pots; and buoy gear. Affected Public: Business or other forprofit organizations. E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8286-8287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03197]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-880]


Barium Carbonate From the People's Republic of China: 
Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
barium carbonate from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the antidumping duty order.

DATES: Effective Date: February 17, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION: 

Background

    On August 6, 2003, the Department published the final determination 
in the AD investigation of barium carbonate from the PRC.\1\ On October 
1, 2003, the

[[Page 8287]]

Department issued the AD order on barium carbonate from the PRC.\2\ 
There have been no administrative reviews since issuance of the Order. 
There have been no related findings or rulings (e.g., changed 
circumstances review, scope ruling, duty absorption review) since 
issuance of the Order. On January 9, 2009, the Department published the 
final results of the expedited first sunset review of this Order.\3\ On 
March 17, 2009, the Department published the continuation of the 
Order.\4\
---------------------------------------------------------------------------

    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Barium Carbonate From the People's Republic of China, 68 FR 
46577 (August 6, 2003) (``Final Determination'').
    \2\ See Antidumping Duty Order: Barium Carbonate From the 
People's Republic of China, 68 FR 56619 (October 1, 2003) 
(``Order'').
    \3\ See Barium Carbonate From the People's Republic of China: 
Final Results of the Expedited Sunset Review of the Antidumping Duty 
Order, 74 FR 882 (January 9, 2009).
    \4\ See Barium Carbonate From the People's Republic of China: 
Continuation of Antidumping Duty Order, 74 FR 11348 (March 17, 
2009).
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    On February 3, 2014, the Department initiated the second five-year 
(``sunset'') review of the AD order on barium carbonate from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
``Act'').\5\ As a result of its review, the Department determined that 
revocation of the antidumping duty order on barium carbonate from the 
PRC would likely lead to a continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked.\6\ On February 6, 2015, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on barium carbonate from 
the PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\7\
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    \5\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 6163 
(February 3, 2014).
    \6\ See Barium Carbonate From the People's Republic of China: 
Final Results of Expedited Second Sunset Review of the Antidumping 
Duty Order, 79 FR 32221 (June 4, 2014) and accompanying Issues and 
Decision Memorandum.
    \7\ See Barium Carbonate From China: Determination, 80 FR 6766 
(February 6, 2015); see also Barium Carbonate from China (Inv. No. 
731-TA-1020 (Second Review), USITC Publication 4518, February 2015).
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Scope of the Order

    The merchandise covered by this order is barium carbonate, 
regardless of form or grade. The product is currently classifiable 
under subheading 2836.60.0000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
scope of this proceeding is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on barium carbonate from the 
PRC. U.S. Customs and Border Protection will continue to collect AD 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the order will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.
    This five-year (``sunset'') review and this notice are in 
accordance with section 751(c) of the Act and published pursuant to 
section 777(i)(1) of the Act.

    Dated: February 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03197 Filed 2-13-15; 8:45 am]
BILLING CODE 3510-DS-P

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