Certain Hot-Rolled Carbon Steel Flat Products From India: Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act, 27412-27414 [2016-10765]
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27412
Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325 (2016).
OTEA is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
Secretary of Commerce to publish a
summary of the certification in the
Federal Register. Under Section 305(a)
of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
United States to set aside the
determination on the ground that the
determination is erroneous.
Description of Amended Certificate
AARQ’s Export Trade Certificate of
Review has been amended to make the
following changes to the list of Members
covered by the Certificate:
1. Deleting the following Members
from its Certificate:
a. Family & Sons, Inc., Miami, Florida
b. Noble Logistics USA, Inc., Portland,
Oregon
c. Rickmers Rice USA, Inc., Knoxville,
Tennessee
d. Texana Rice, Inc., Louise, Texas
2. Changing Nishimoto Trading Co.,
Ltd., Santa Fe Springs, California (a
subsidiary of Nishimoto Trading
Company, Ltd. (Japan) to Nishimoto
Trading Co., Ltd. dba Wismettac Asian
Foods, Santa Fe Springs, California (a
subsidiary of Nishimoto Trading
Company, Ltd. (Japan).
3. Changing PS International, LLC dba
PS International Ltd., Chapel Hill, North
Carolina (jointly owned by Seaboard
Corporation, Kansas City, Missouri and
PS Trading Inc., Chapel Hill, North
Carolina) to Interra International, LLC,
Chapel Hill, North Carolina.
4. Changing TRC Trading Corporation,
Roseville, California (a subsidiary of
TRC Group Inc., Roseville, California)
and its subsidiary Gulf Rice Arkansas II,
LLC, Houston, Texas to TRC Trading
Corporation, Roseville, California (a
subsidiary of TRC Group Inc., Roseville,
California) and its subsidiary Gulf Rice
Arkansas II, LLC, Crawfordsville,
Arkansas.
5. Changing Veetee Rice, Inc., Great
Neck, New York (a subsidiary of Veetee
Investments Corporation (Bahamas)) to
Veetee Foods Inc., Islandia, New York (a
subsidiary of Veetee Investments
Corporation (Bahamas)).
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AARQ’s amendment of its Export
Trade Certificate of Review results in
the following entities as Members under
the Certificate:
1. ADM Latin, Inc., Decatur, Illinois,
ADM Grain Company, Decatur, Illinois,
and ADM Rice, Inc., Tarrytown, New
York (subsidiaries of Archer Daniels
Midland Company).
2. American Commodity Company,
LLC, Williams, California.
3. Associated Rice Marketing
Cooperative (ARMCO), Richvale,
California.
4. Bunge Milling, Saint Louis,
Missouri (a subsidiary of Bunge North
America, White Plains, New York), dba
PIRMI (Pacific International Rice Mills),
Woodland, California.
5. Cargill Americas, Inc., and its
subsidiary CAI Trading, LLC, Coral
Gables, Florida.
6. Farmers’ Rice Cooperative,
Sacramento, California.
7. Farmers Rice Milling Company,
Inc., Lake Charles, Louisiana.
8. Far West Rice, Inc., Durham,
California.
9. Gulf Pacific Rice Co., Inc., Houston,
Texas; Gulf Rice Milling, Inc., Houston,
Texas; and Harvest Rice, Inc., McGehee,
Arkansas (each a subsidiary of Gulf
Pacific, Inc., Houston, Texas).
10. Gulf Pacific Disc, Inc., Houston,
Texas.
11. Itochu International Inc., Portland,
Oregon (a subsidiary of Itochu
Corporation (Japan)).
12. Interra International, LLC, Chapel
Hill, North Carolina.
13. JFC International Inc., Los
Angeles, California (a subsidiary of
Kikkoman Corp.).
14. JIT Products, Inc., Davis,
California.
15. Kennedy Rice Dryers, L.L.C., Mer
Rouge, Louisiana.
16. Kitoku America, Inc., Burlingame,
California (a subsidiary of Kitoku
Shinryo Co., Ltd. (Japan)).
17. LD Commodities Rice
Merchandising LLC, Wilton,
Connecticut, and LD Commodities
Interior Rice Merchandising LLC,
Kansas City, Missouri (subsidiaries of
Louis Dreyfus Commodities LLC,
Wilton, Connecticut).
18. Louisiana Rice Mill, LLC,
Mermentau, Louisiana.
19. Nidera US LLC, Wilton,
Connecticut (a subsidiary of Nidera BV
(Netherlands)).
20. Nishimoto Trading Co., Ltd. dba
Wismettac Asian Foods, Santa Fe
Springs, California (a subsidiary of
Nishimoto Trading Company, Ltd.
(Japan).
21. Producers Rice Mill, Inc.,
Stuttgart, Arkansas.
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22. Riceland Foods, Inc., Stuttgart,
Arkansas.
23. Riviana Foods Inc., Houston,
Texas (a subsidiary of Ebro Foods, S.A.
(Spain)), for the activities of itself and
its subsidiary, American Rice, Inc.,
Houston, Texas.
24. Sinamco Trading Inc.,
Minneapolis, Minnesota.
25. SunFoods LLC, Woodland,
California.
26. SunWest Foods, Inc., Davis,
California.
27. The Sun Valley Rice Co., LLC,
Arbuckle, California.
28. TRC Trading Corporation,
Roseville, California (a subsidiary of
TRC Group Inc., Roseville, California)
and its subsidiary Gulf Rice Arkansas II,
LLC, Crawfordsville, Arkansas.
29. Trujillo & Sons, Inc., Miami,
Florida.
30. Veetee Foods Inc., Islandia, New
York (a subsidiary of Veetee
Investments Corporation (Bahamas)).
31. Wehah Farm, Inc., dba Lundberg
Family Farms, Richvale, California.
No change is has been made regarding
the Export Trade, Export Trade
Activities or Methods of Operation
covered by the Certificate.
The amended Certificate of Review is
effective from January 11, 2016, the date
on which the application for an
amendment was deemed submitted.
Dated: May 3, 2016.
Joseph E. Flynn,
Director, Office of Trade and Economic
Analysis.
[FR Doc. 2016–10711 Filed 5–5–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821]
Certain Hot-Rolled Carbon Steel Flat
Products From India: Implementation
of Determinations Under Section 129
of the Uruguay Round Agreements Act
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 18, 2016, the U.S.
Trade Representative (USTR) instructed
the Department of Commerce (the
Department) to implement its
determinations under section 129 of the
Uruguay Round Agreements Act
(URAA), regarding several
countervailing duty (CVD)
administrative reviews, which render
them not inconsistent with the World
Trade Organization (WTO) dispute
settlement findings in United States—
AGENCY:
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Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices
Countervailing Duty Measures on
Certain Hot-Rolled Carbon Steel Flat
Products from India—(DS436).1 The
Department issued its final
determinations in these section 129
proceedings on April 18, 2015. The
Department is now implementing these
final determinations.
DATES:
Effective April 18, 2016.
Eric
B. Greynolds, Patricia Tran, or Samuel
Brummitt, AD/CVD Operations, Office
III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6071, (202) 482–1503, or (202) 482–
7851, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2015, the
Department informed interested parties
that it was initiating proceedings under
section 129 of the URAA to implement
the findings of the WTO dispute
settlement panel in DS436.2
Specifically, the Department issued
preliminary determinations regarding:
(1) Facts Available; 3 and (2) Other
Issues.4
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Department invited interested
parties to comment on the section 129
preliminary determinations.5 After
receiving comments, rebuttal comments,
and a hearing on April 8, 2016, the
1 See Memorandum to the File, ‘‘Hot-Rolled
Carbon Steel Flat Products from India, Section 129
Determination (DS436) Placement of Letter from the
United States Trade Representative (USTR) to the
Secretary of Commerce (dated April 18, 2016),’’
(April 25, 2016).
2 See Certain Hot-Rolled Carbon Steel Flat
Products from India: Notice of Commencement of
Compliance Proceedings Pursuant to Section 129 of
the Uruguay Round Agreements Act, 80 FR 57336
(September 23, 2015).
3 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129(b) Proceeding: United States—
Countervailing Duty Measures on Certain HotRolled Carbon Steel Flat Products from India
(WTO/DS436): Preliminary Determinations of Facts
Available,’’ (March 17, 2016).
4 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceeding: United States—
Countervailing Duty Measures on Certain HotRolled Carbon Steel Flat Products from India
(WTO/DS436): Preliminary Determination on Other
Issues,’’ (March 18, 2016).
5 See Department Memorandum to the File,
‘‘Section 129 Proceedings: United States—
Countervailing Duty (CVD) Measures on Certain
Hot-Rolled Carbon Steel Products from India (WTO/
DS436): Schedule for written argument and a
hearing,’’ (March 21, 2016).
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17:20 May 05, 2016
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27413
Department issued the final
determination on April 14, 2016.6
Final Determinations: Analysis of
Comments Received
On April 18, 2016, USTR notified the
Department that, consistent with section
129(b)(3) of the URAA, consultations
with the Department and the
appropriate congressional committees
with respect to the April 14, 2016,
determination have been completed.
Also on April 18, 2016, in accordance
with section 129(b)(4) of the URAA,
USTR directed the Department to
implement these determinations.
The issues raised in the comments
and rebuttal comments submitted by
interested parties to these proceedings
are addressed in the final determination.
The issues included in the respective
final determinations are as follows: (1)
Ocean Freight; (2) Whether the CVD
Rate Determined for JSW in the
Department’s 129 Proceeding
Supersedes the Amended Final Results
for JSW for the 2006 Administrative
Review; (3) JSW’s Cash Deposit Rate for
Future Entries of Hot-rolled Carbon
Steel Flat Products From India; (4A)
Iron Ore Benchmarks: Tier I
Benchmarks; (4B) Iron Ore Benchmarks:
NMDC’s export price to Japan; (5)
NMDC as a Public Body; (6) Mining
Rights of Iron Ore; (7) Mining of Coal;
(8) Administration of Section 129
Proceeding; and (9) Specificity of Sale of
High-Grade Iron Ore by NMDC. The
final determination 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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition,
complete versions of the final
determinations can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/.
The signed version of the final
determination and the electronic
version of the final determinations are
identical in content.
Nature of the Proceedings
Section 129 of the URAA governs the
nature and effect of determinations
issued by the Department to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) of the
URAA provides that ‘‘notwithstanding
any provision of the Tariff Act of 1930,’’
upon a written request from USTR, the
Department shall issue a determination
that would render its actions not
inconsistent with an adverse finding of
a WTO panel or the Appellate Body.7
The Statement of Administrative
Action, U.R.A.A., H. Doc. 316, Vol. 1,
103d Cong. (1994) (SAA), variously
refers to such a determination by the
Department as a ‘‘new,’’ ‘‘second,’’ and
‘‘different’’ determination.8 After
consulting with the Department and the
appropriate congressional committees,
USTR may direct the Department to
implement, in whole or in part, the new
determination made under section 129
of the URAA.9 Pursuant to section
129(c) of the URAA, the new
determination shall apply with respect
to unliquidated entries of the subject
merchandise that are entered or
withdrawn from warehouse, for
consumption, on or after the date on
which USTR directs the Department to
implement the new determination.10
The new determination is subject to
judicial review, separate and apart from
judicial review of the Department’s
original determination.11
6 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceeding: United States—
Countervailing Duty Measures on Certain HotRolled Carbon Steel Flat Products from India
(WTO/DS436): Final Determination,’’ (April 14,
2016).
7 See 19 U.S.C. 3538(b)(2).
8 See SAA at 1025, 1027.
9 See 19 U.S.C. 3538(b)(4).
10 See 19 U.S.C. 3538(c).
11 See 19 U.S.C. 1516(a)(2)(B)(vii).
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Final Determinations: Recalculated
Countervailing Duty Rates
The recalculated CVD rates are listed
below. As indicated, we made changes
to the net subsidy rates in certain
segments.12 The net subsidy rates for the
remaining CVD segments in DS436 are
unchanged.
12 See Final Results of Countervailing Duty
Administrative Review: Certain Hot-Rolled Carbon
Steel Flat Products From India, 73 FR 40295 (July
14, 2008) (2006 Final Results); Final Results of
Countervailing Duty Administrative Review: Certain
Hot-Rolled Carbon Steel Flat Products From India,
74 FR 20923 (May 6, 2009); (2007 Final Results);
and Final Results of Countervailing Duty
Administrative Review: Certain Hot-Rolled Carbon
Steel Flat Products From India, 75 FR 43488 (July
26, 2010) (2008 Final Results).
E:\FR\FM\06MYN1.SGM
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27414
Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices
AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2006 FINAL RESULTS
CVD rate
(administrative
review)
Exporter/producer
Revised
CVD rate
13 484.41
JSW Steel Ltd ..........................................................................................................................................
Tata Steel Ltd ..........................................................................................................................................
Essar Steel India Limited 14 .....................................................................................................................
Ispat Industries Ltd ..................................................................................................................................
215.54
18.81
15.40
14.82
27.22
17.50
15.27
AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2007 FINAL RESULTS
Exporter/producer
CVD rate
(administrative
review)
Revised
CVD rate
Essar Steel India Limited 15 .....................................................................................................................
76.88
68.77
AMENDED COUNTERVAILABLE SUBSIDY RATES AD VALOREM (PERCENT)—2008 FINAL RESULTS
Exporter/producer
CVD rate
(administrative
review)
Revised
CVD rate
Tata Steel Ltd 16 ......................................................................................................................................
17 577.28
140.18
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Implementation of the Revised Cash
Deposit Requirements
On April 18, 2016, in accordance with
sections 129(b)(4) and 129(c)(1)(B) of the
URAA and after consulting with the
Department and Congress, USTR
directed the Department to implement
these final determinations. With respect
to each of these segments, the
Department will instruct U.S. Customs
and Border Protection to require a cash
deposit for estimated countervailing
duties at the appropriate rate for each
exporter/producer specified above, for
entries of subject merchandise, entered
13 Pursuant to a litigation settlement, the
Department published an amended final results;
instructed U.S. Customs and Border Protection
(CBP) requiring the liquidation of entries during the
2006 POR at 76.88 percent; and issued instructions
to CBP establishing the future cash deposit rate for
JSW Steel Ltd. at the rate of 76.88 percent. See
Certain Hot-Rolled Carbon Steel Flat Products From
India: Amended Final Results of Countervailing
Duty Administrative Review Pursuant to Court
Decision, 75 FR 80455 (December 22, 2010).
14 In the 2006 Final Results, Essar Steel India
Limited was referred to as Essar Steel Ltd.
15 In the 2007 Final Results, Essar Steel India
Limited was referred to as Essar Steel Ltd.
16 In the 2008 Final Results, Tata Steel Ltd. was
referred to as Tata Steel Limited.
17 Pursuant to a litigation settlement, the
Department published an amended final; calculated
the total amount of duties due on the three entries
covered by the litigation based on 102.74 percent
and issue instructions to U.S. Customs and Border
Protection (CBP) requiring the total amount of
duties due to be assessed on the remaining two
entries; and issue instructions to CBP establishing
the future cash deposit rate for Tata Steel Ltd. at
the rate of 102.74 percent. See Certain Hot-Rolled
Carbon Steel Flat Products From India: Amended
Final Results of Countervailing Duty Administrative
Review Pursuant to Court Decision, 76 FR 77775
(December 14, 2011).
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17:20 May 05, 2016
Jkt 238001
or withdrawn from warehouse, for
consumption, on or after April 18, 2016.
This notice of implementation of these
section 129 final determination is
published in accordance with section
129(c)(2)(A) of the URAA.
Dated: April 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–10765 Filed 5–5–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Commission on
Enhancing National Cybersecurity
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Commission on
Enhancing National Cybersecurity (the
‘‘Commission’’) will meet Monday, May
16, 2016, from 9:00 a.m. until 4:00 p.m.
Eastern Time in Vanderbilt Hall at the
New York University (NYU) School of
Law, Center on Law and Security
located at 40 Washington Square South,
New York, New York. The primary
purpose of the meeting is to discuss the
challenges and opportunities facing the
finance and insurance sectors as the
Commission develops detailed
recommendations to strengthen
cybersecurity in both the public and
private sectors while protecting privacy,
SUMMARY:
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ensuring public safety and economic
and national security, fostering
discovery and development of new
technical solutions, and bolstering
partnerships between Federal, state,
local, tribal and territorial governments
and the private sector in the
development, promotion, and use of
cybersecurity technologies, policies, and
best practices. All sessions will be open
to the public.
DATES: The meeting will be held on
Monday, May 16, 2016, from 9:00 a.m.
until 4:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held at
the NYU School of Law, Center on Law
and Security, in Vanderbilt Hall, located
at 40 Washington Square South, New
York, New York. The meeting is open to
the public and interested parties are
requested to contact Melanie Cook in
advance of the meeting for building
entrance requirements.
FOR FURTHER INFORMATION CONTACT:
Melanie Cook, Information Technology
Laboratory, National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 8930, Gaithersburg, MD
20899–8930, telephone: (301) 975–5259,
or by email at: melanie.cook@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the Commission on
Enhancing National Cybersecurity will
meet Monday, May 16, 2016, from 9:00
a.m. until 4:00 p.m. Eastern Time. All
sessions will be open to the public. The
Commission is authorized by Executive
Order 13718, Commission on Enhancing
E:\FR\FM\06MYN1.SGM
06MYN1
]]>Agencies
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27412-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10765]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India:
Implementation of Determinations Under Section 129 of the Uruguay Round
Agreements Act
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 18, 2016, the U.S. Trade Representative (USTR)
instructed the Department of Commerce (the Department) to implement its
determinations under section 129 of the Uruguay Round Agreements Act
(URAA), regarding several countervailing duty (CVD) administrative
reviews, which render them not inconsistent with the World Trade
Organization (WTO) dispute settlement findings in United States--
[[Page 27413]]
Countervailing Duty Measures on Certain Hot-Rolled Carbon Steel Flat
Products from India--(DS436).\1\ The Department issued its final
determinations in these section 129 proceedings on April 18, 2015. The
Department is now implementing these final determinations.
---------------------------------------------------------------------------
\1\ See Memorandum to the File, ``Hot-Rolled Carbon Steel Flat
Products from India, Section 129 Determination (DS436) Placement of
Letter from the United States Trade Representative (USTR) to the
Secretary of Commerce (dated April 18, 2016),'' (April 25, 2016).
---------------------------------------------------------------------------
DATES: Effective April 18, 2016.
FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, Patricia Tran, or
Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6071, (202) 482-1503, or (202) 482-7851,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2015, the Department informed interested parties
that it was initiating proceedings under section 129 of the URAA to
implement the findings of the WTO dispute settlement panel in DS436.\2\
Specifically, the Department issued preliminary determinations
regarding: (1) Facts Available; \3\ and (2) Other Issues.\4\
---------------------------------------------------------------------------
\2\ See Certain Hot-Rolled Carbon Steel Flat Products from
India: Notice of Commencement of Compliance Proceedings Pursuant to
Section 129 of the Uruguay Round Agreements Act, 80 FR 57336
(September 23, 2015).
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129(b) Proceeding: United
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon
Steel Flat Products from India (WTO/DS436): Preliminary
Determinations of Facts Available,'' (March 17, 2016).
\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceeding: United
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon
Steel Flat Products from India (WTO/DS436): Preliminary
Determination on Other Issues,'' (March 18, 2016).
---------------------------------------------------------------------------
The Department invited interested parties to comment on the section
129 preliminary determinations.\5\ After receiving comments, rebuttal
comments, and a hearing on April 8, 2016, the Department issued the
final determination on April 14, 2016.\6\
---------------------------------------------------------------------------
\5\ See Department Memorandum to the File, ``Section 129
Proceedings: United States--Countervailing Duty (CVD) Measures on
Certain Hot-Rolled Carbon Steel Products from India (WTO/DS436):
Schedule for written argument and a hearing,'' (March 21, 2016).
\6\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceeding: United
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon
Steel Flat Products from India (WTO/DS436): Final Determination,''
(April 14, 2016).
---------------------------------------------------------------------------
On April 18, 2016, USTR notified the Department that, consistent
with section 129(b)(3) of the URAA, consultations with the Department
and the appropriate congressional committees with respect to the April
14, 2016, determination have been completed. Also on April 18, 2016, in
accordance with section 129(b)(4) of the URAA, USTR directed the
Department to implement these determinations.
Nature of the Proceedings
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that ``notwithstanding any provision of
the Tariff Act of 1930,'' upon a written request from USTR, the
Department shall issue a determination that would render its actions
not inconsistent with an adverse finding of a WTO panel or the
Appellate Body.\7\ The Statement of Administrative Action, U.R.A.A., H.
Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a
determination by the Department as a ``new,'' ``second,'' and
``different'' determination.\8\ After consulting with the Department
and the appropriate congressional committees, USTR may direct the
Department to implement, in whole or in part, the new determination
made under section 129 of the URAA.\9\ Pursuant to section 129(c) of
the URAA, the new determination shall apply with respect to
unliquidated entries of the subject merchandise that are entered or
withdrawn from warehouse, for consumption, on or after the date on
which USTR directs the Department to implement the new
determination.\10\ The new determination is subject to judicial review,
separate and apart from judicial review of the Department's original
determination.\11\
---------------------------------------------------------------------------
\7\ See 19 U.S.C. 3538(b)(2).
\8\ See SAA at 1025, 1027.
\9\ See 19 U.S.C. 3538(b)(4).
\10\ See 19 U.S.C. 3538(c).
\11\ See 19 U.S.C. 1516(a)(2)(B)(vii).
---------------------------------------------------------------------------
Final Determinations: Analysis of Comments Received
The issues raised in the comments and rebuttal comments submitted
by interested parties to these proceedings are addressed in the final
determination. The issues included in the respective final
determinations are as follows: (1) Ocean Freight; (2) Whether the CVD
Rate Determined for JSW in the Department's 129 Proceeding Supersedes
the Amended Final Results for JSW for the 2006 Administrative Review;
(3) JSW's Cash Deposit Rate for Future Entries of Hot-rolled Carbon
Steel Flat Products From India; (4A) Iron Ore Benchmarks: Tier I
Benchmarks; (4B) Iron Ore Benchmarks: NMDC's export price to Japan; (5)
NMDC as a Public Body; (6) Mining Rights of Iron Ore; (7) Mining of
Coal; (8) Administration of Section 129 Proceeding; and (9) Specificity
of Sale of High-Grade Iron Ore by NMDC. The final determination 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 is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, complete versions of the final determinations can be
accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed version of the final determination and the
electronic version of the final determinations are identical in
content.
Final Determinations: Recalculated Countervailing Duty Rates
The recalculated CVD rates are listed below. As indicated, we made
changes to the net subsidy rates in certain segments.\12\ The net
subsidy rates for the remaining CVD segments in DS436 are unchanged.
---------------------------------------------------------------------------
\12\ See Final Results of Countervailing Duty Administrative
Review: Certain Hot-Rolled Carbon Steel Flat Products From India, 73
FR 40295 (July 14, 2008) (2006 Final Results); Final Results of
Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon
Steel Flat Products From India, 74 FR 20923 (May 6, 2009); (2007
Final Results); and Final Results of Countervailing Duty
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products
From India, 75 FR 43488 (July 26, 2010) (2008 Final Results).
[[Page 27414]]
Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2006 Final
Results
------------------------------------------------------------------------
CVD rate
Exporter/producer (administrative Revised CVD rate
review)
------------------------------------------------------------------------
JSW Steel Ltd................... \13\ 484.41 215.54
Tata Steel Ltd.................. 27.22 18.81
Essar Steel India Limited \14\.. 17.50 15.40
Ispat Industries Ltd............ 15.27 14.82
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2007 Final
Results
------------------------------------------------------------------------
CVD rate
Exporter/producer (administrative Revised CVD rate
review)
------------------------------------------------------------------------
Essar Steel India Limited \15\ 76.88 68.77
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2008 Final
Results
------------------------------------------------------------------------
CVD rate
Exporter/producer (administrative Revised CVD rate
review)
------------------------------------------------------------------------
Tata Steel Ltd \16\........... \17\ 577.28 140.18
------------------------------------------------------------------------
Implementation of the Revised Cash Deposit Requirements
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\13\ Pursuant to a litigation settlement, the Department
published an amended final results; instructed U.S. Customs and
Border Protection (CBP) requiring the liquidation of entries during
the 2006 POR at 76.88 percent; and issued instructions to CBP
establishing the future cash deposit rate for JSW Steel Ltd. at the
rate of 76.88 percent. See Certain Hot-Rolled Carbon Steel Flat
Products From India: Amended Final Results of Countervailing Duty
Administrative Review Pursuant to Court Decision, 75 FR 80455
(December 22, 2010).
\14\ In the 2006 Final Results, Essar Steel India Limited was
referred to as Essar Steel Ltd.
\15\ In the 2007 Final Results, Essar Steel India Limited was
referred to as Essar Steel Ltd.
\16\ In the 2008 Final Results, Tata Steel Ltd. was referred to
as Tata Steel Limited.
\17\ Pursuant to a litigation settlement, the Department
published an amended final; calculated the total amount of duties
due on the three entries covered by the litigation based on 102.74
percent and issue instructions to U.S. Customs and Border Protection
(CBP) requiring the total amount of duties due to be assessed on the
remaining two entries; and issue instructions to CBP establishing
the future cash deposit rate for Tata Steel Ltd. at the rate of
102.74 percent. See Certain Hot-Rolled Carbon Steel Flat Products
From India: Amended Final Results of Countervailing Duty
Administrative Review Pursuant to Court Decision, 76 FR 77775
(December 14, 2011).
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On April 18, 2016, in accordance with sections 129(b)(4) and
129(c)(1)(B) of the URAA and after consulting with the Department and
Congress, USTR directed the Department to implement these final
determinations. With respect to each of these segments, the Department
will instruct U.S. Customs and Border Protection to require a cash
deposit for estimated countervailing duties at the appropriate rate for
each exporter/producer specified above, for entries of subject
merchandise, entered or withdrawn from warehouse, for consumption, on
or after April 18, 2016. This notice of implementation of these section
129 final determination is published in accordance with section
129(c)(2)(A) of the URAA.
Dated: April 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10765 Filed 5-5-16; 8:45 am]
BILLING CODE 3510-DS-P
