Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Request for Comments, 57578-57579 [2015-24329]

Download as PDF 57578 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices and rebuttals 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.11 All briefs are to be filed electronically using ACCESS.12 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.13 Any interested party may request a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 30 days of publication of this notice in the Federal Register.14 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs.15 If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.16 Final Results of the Review In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this CCR not later than 270 days after the date on which this review was initiated. Notification to Parties The Department is issuing and publishing these preliminary results in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221. Dated: September 17, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of the Changed Circumstances Review V. Recommendation [FR Doc. 2015–24191 Filed 9–23–15; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 11 See 19 CFR 351.309(c)(2) & (d)(2). 19 CFR 351.303(b) & (f). 13 See 19 CFR 351.303(b). 14 See 19 CFR 351.310(c). 15 Id. 16 See 19 CFR 351.310(d). 12 See VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 DEPARTMENT OF COMMERCE International Trade Administration [A–821–808] Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Request for Comments Enforcement & Compliance, International Trade Administration, Commerce. ACTION: Invitation for Comment on Antidumping Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from the Russian Federation. AGENCY: On May 5, 2015, ArcelorMittal USA, Inc., Nucor Corporation, and SSAB North America Division (collectively, ‘‘domestic interested parties’’), filed with the U.S. Department of Commerce (‘‘Department’’) a request to terminate the 2003 Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (‘‘Agreement’’) (‘‘request to terminate’’). For the reasons stated in this notice, the Department is requesting comments on whether suspension of the investigation is no longer in the ‘‘public interest’’ under sections 734(d) and 734(i) of the Tariff Act of 1930, as amended (‘‘Act’’). DATES: Effective: September 24, 2015. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Julie H. Santoboni, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–0162 or (202) 482–3063, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background In January 2003, the non-market economy suspension agreement signed in October 1997 on cut-to-length carbon steel plate (‘‘CTL plate’’) from the Russian Federation was replaced with a market-economy agreement with Russian producers under section 734(b) of the Act. See Suspension of Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 3859 (Jan. 27, 2003).1 In entering into 1 The underlying antidumping duty investigation was continued in 1997, and the Department made an affirmative final determination of sales at less than fair value and the International Trade Commission made an affirmative injury determination. See Notice of Final Determination of Sales at Less than Fair Value: Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR 61787 (Nov. 19, 1997); Certain Carbon Steel PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 the Agreement, the Department determined, under section 734(b) of the Act, that the Agreement would eliminate completely sales at less than fair value of the imported subject merchandise and, under section 734(d) of the Act, that suspension of the investigation was in the ‘‘public interest’’ and could be monitored effectively. Since implementation of the Agreement in 2003, the Department has been calculating semi-annual ‘‘normal values’’ (‘‘NVs’’), or minimum selling prices, for Joint Stock Company Severstal (‘‘Severstal’’), the one Russian signatory producer that has requested NVs. On May 5, 2015, the domestic interested parties filed a request that the Department terminate the Agreement because it is no longer in the public interest and because Severstal may have violated the Agreement. On May 14, 2015, the Ministry of Economic Development of the Russian Federation (‘‘Economy Ministry’’) filed a letter in response to the domestic interested parties’ request to terminate the Agreement. On May 18, 2015, Severstal filed a letter in response to the domestic interested parties’ request to terminate the Agreement. Scope of Review The products covered by the Agreement are CTL plate from the Russian Federation. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Agreement is dispositive. For a full description of the scope of this Agreement, see Appendix B of the Agreement. Invitation for Comment As discussed above, the Department has received a request to terminate the Agreement from the domestic interested parties and is currently evaluating the request. The Agreement, at Section F, provides that ‘‘{i}f the Department determines that the Agreement is being or has been violated or no longer meets Plate from China, Russia, South Africa and Ukraine, 62 FR 66128 (Dec. 17, 1997). E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices the requirements of section 734(b) or (d) of the Act, the Department shall take action it determines appropriate under section 734(i) of the Act and the regulations.’’ Section 734(i) of the Act provides that where, as here, the investigation was completed, the Department shall publish a determination suspending liquidation and issue an antidumping order under section 736(a) of the Act if the Department determines that there has been a violation of the Agreement, or the Agreement no longer meets certain statutory requirements, including the ‘‘public interest’’ requirement under section 734(d)(1) of the Act. The Department’s regulations at 19 CFR 351.209(c)(1) state that if the Department has reason to believe that a suspension agreement no longer meets the requirements of section 734(d) of the Act, including if suspension of the investigation is no longer in the ‘‘public interest,’’ it will publish a notice inviting comment on the suspension agreement. Based on the request to terminate, we find that the requirements of 19 CFR 351.209(c)(1) have been met, and as such, are issuing this notice to seek comments to determine if suspension of the investigation is no longer in the ‘‘public interest.’’ Although the domestic interested parties alleged that Severstal may have violated the terms of the Agreement, we are not soliciting comments on the alleged violation. The Department will make its determination and if appropriate, take necessary action, in accordance with section 734(i) of the Act and 19 CFR 351.209(c). Further, in making our determination, the Department will consider imports into the United States from all sources of the merchandise, as described in Section A of the Agreement. We also will consider factors including, but not limited to, the following: volume of trade, pattern of trade, whether or not the reseller is an original equipment manufacturer, and the reseller’s export price. See Agreement, Section B. tkelley on DSK3SPTVN1PROD with NOTICES Public Comment Interested parties may submit comments on whether the Agreement is in the public interest via Enforcement & Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’) no later than 30 days after the date of publication of this notice by 5 p.m. Eastern Daylight Time.2 Rebuttal 2 ACCESS is available to registered users at https://access.trade.gov, and is available to all VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 57579 comments, limited to issues raised in the affirmative comments, may be submitted via ACCESS no later than 45 days after the date of publication of this notice by 5 p.m. Eastern Daylight Time. When submitting comments via ACCESS, interested parties must upload their submissions to the segment in ACCESS entitled ‘‘Suspension Agreement.’’ The Department intends to address any comments in its determination. II is not the successor-in-interest to Shanfu I for these final results. DATES: Effective September 24, 2015. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4340. SUPPLEMENTARY INFORMATION: Dated: September 18, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement & Compliance. Background For a complete description of the events following the publication of the Preliminary Results, see the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. [FR Doc. 2015–24329 Filed 9–23–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Final Results of the Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On June 30, 2015, the Department of Commerce (Department) published a notice of preliminary results of a changed circumstance review (CCR) of the antidumping duty (AD) order on fresh garlic from the People’s Republic of China (PRC) 1 in response to a request from Jining Yongjia Trade Co., Ltd. (Yongjia), an exporter of fresh and peeled garlic from the PRC.2 Yongjia requested that the Department determine that Jinxiang County Shanfu Frozen Co., Ltd. (Shanfu II), Yongjia’s supplier of garlic, is the successor-in-interest to Yongjia’s garlic supplier (Shanfu I) during its new shipper review (NSR). In the Preliminary Results, the Department found that Shanfu II is not the successor-in-interest to Shanfu I, and, as such, is subject to the PRC-wide entity cash deposit rate with respect to entries of subject merchandise. Based on our analysis of the comments from the parties, we continue to find that Shanfu SUMMARY: parties in the Central Records Unit, room 7046 of the main Department of Commerce building. 1 See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16, 1994) (Order). 2 See Fresh Garlic from the People’s Republic of China: Preliminary Results of the Changed Circumstances Review of Jining Yongjia Trade Co., Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., 80 FR 37222 (June 30, 2015) (Preliminary Results). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Scope of the Order The products covered by the order are all grades of garlic, whole or separated into constituent cloves, whether or not peeled, fresh, chilled, frozen, water or other neutral substance, but not prepared or preserved by the addition of other ingredients or heat processing. The subject garlic is currently classifiable under subheadings: 0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ‘‘Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Fresh Garlic from the People’s Republic of China: Jining Yongjia Trade Co., Ltd. and Jinxiang County Shanfu Frozen Co., Ltd.,’’ dated concurrently with and adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57578-57579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24329]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-808]

Certain Cut-to-Length Carbon Steel Plate From the Russian
Federation: Request for Comments

AGENCY: Enforcement & Compliance, International Trade Administration,
Commerce.

ACTION: Invitation for Comment on Antidumping Suspension Agreement on
Certain Cut-to-Length Carbon Steel Plate from the Russian Federation.

-----------------------------------------------------------------------

SUMMARY: On May 5, 2015, ArcelorMittal USA, Inc., Nucor Corporation,
and SSAB North America Division (collectively, ``domestic interested
parties''), filed with the U.S. Department of Commerce (``Department'')
a request to terminate the 2003 Agreement Suspending the Antidumping
Investigation of Certain Cut-to-Length Carbon Steel Plate from the
Russian Federation (``Agreement'') (``request to terminate''). For the
reasons stated in this notice, the Department is requesting comments on
whether suspension of the investigation is no longer in the ``public
interest'' under sections 734(d) and 734(i) of the Tariff Act of 1930,
as amended (``Act'').

DATES: Effective: September 24, 2015.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Julie H. Santoboni,
Enforcement & Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-3063,
respectively.

SUPPLEMENTARY INFORMATION:

Background

In January 2003, the non-market economy suspension agreement signed
in October 1997 on cut-to-length carbon steel plate (``CTL plate'')
from the Russian Federation was replaced with a market-economy
agreement with Russian producers under section 734(b) of the Act. See
Suspension of Antidumping Duty Investigation of Certain Cut-to-Length
Carbon Steel Plate from the Russian Federation, 68 FR 3859 (Jan. 27,
2003).\1\ In entering into the Agreement, the Department determined,
under section 734(b) of the Act, that the Agreement would eliminate
completely sales at less than fair value of the imported subject
merchandise and, under section 734(d) of the Act, that suspension of
the investigation was in the ``public interest'' and could be monitored
effectively. Since implementation of the Agreement in 2003, the
Department has been calculating semi-annual ``normal values''
(``NVs''), or minimum selling prices, for Joint Stock Company Severstal
(``Severstal''), the one Russian signatory producer that has requested
NVs.
---------------------------------------------------------------------------

\1\ The underlying antidumping duty investigation was continued
in 1997, and the Department made an affirmative final determination
of sales at less than fair value and the International Trade
Commission made an affirmative injury determination. See Notice of
Final Determination of Sales at Less than Fair Value: Certain Cut-
to-Length Carbon Steel Plate from the Russian Federation, 62 FR
61787 (Nov. 19, 1997); Certain Carbon Steel Plate from China,
Russia, South Africa and Ukraine, 62 FR 66128 (Dec. 17, 1997).
---------------------------------------------------------------------------

On May 5, 2015, the domestic interested parties filed a request
that the Department terminate the Agreement because it is no longer in
the public interest and because Severstal may have violated the
Agreement. On May 14, 2015, the Ministry of Economic Development of the
Russian Federation (``Economy Ministry'') filed a letter in response to
the domestic interested parties' request to terminate the Agreement. On
May 18, 2015, Severstal filed a letter in response to the domestic
interested parties' request to terminate the Agreement.

Scope of Review

The products covered by the Agreement are CTL plate from the
Russian Federation. This merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTS) under item
numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the Agreement is dispositive. For a
full description of the scope of this Agreement, see Appendix B of the
Agreement.

Invitation for Comment

As discussed above, the Department has received a request to
terminate the Agreement from the domestic interested parties and is
currently evaluating the request. The Agreement, at Section F, provides
that ``{i{time} f the Department determines that the Agreement is being
or has been violated or no longer meets

[[Page 57579]]

the requirements of section 734(b) or (d) of the Act, the Department
shall take action it determines appropriate under section 734(i) of the
Act and the regulations.''
Section 734(i) of the Act provides that where, as here, the
investigation was completed, the Department shall publish a
determination suspending liquidation and issue an antidumping order
under section 736(a) of the Act if the Department determines that there
has been a violation of the Agreement, or the Agreement no longer meets
certain statutory requirements, including the ``public interest''
requirement under section 734(d)(1) of the Act. The Department's
regulations at 19 CFR 351.209(c)(1) state that if the Department has
reason to believe that a suspension agreement no longer meets the
requirements of section 734(d) of the Act, including if suspension of
the investigation is no longer in the ``public interest,'' it will
publish a notice inviting comment on the suspension agreement. Based on
the request to terminate, we find that the requirements of 19 CFR
351.209(c)(1) have been met, and as such, are issuing this notice to
seek comments to determine if suspension of the investigation is no
longer in the ``public interest.'' Although the domestic interested
parties alleged that Severstal may have violated the terms of the
Agreement, we are not soliciting comments on the alleged violation.
The Department will make its determination and if appropriate, take
necessary action, in accordance with section 734(i) of the Act and 19
CFR 351.209(c). Further, in making our determination, the Department
will consider imports into the United States from all sources of the
merchandise, as described in Section A of the Agreement. We also will
consider factors including, but not limited to, the following: volume
of trade, pattern of trade, whether or not the reseller is an original
equipment manufacturer, and the reseller's export price. See Agreement,
Section B.

Public Comment

Interested parties may submit comments on whether the Agreement is
in the public interest via Enforcement & Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'')
no later than 30 days after the date of publication of this notice by 5
p.m. Eastern Daylight Time.\2\ Rebuttal comments, limited to issues
raised in the affirmative comments, may be submitted via ACCESS no
later than 45 days after the date of publication of this notice by 5
p.m. Eastern Daylight Time.
---------------------------------------------------------------------------

\2\ ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------

When submitting comments via ACCESS, interested parties must upload
their submissions to the segment in ACCESS entitled ``Suspension
Agreement.'' The Department intends to address any comments in its
determination.

Dated: September 18, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2015-24329 Filed 9-23-15; 8:45 am]
BILLING CODE 3510-DS-P

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