Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act, 37180-37184 [2016-13691]
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37180
Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices
Estimated Number of Respondents:
250.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 67.2.
Estimated Total Annual Cost to
Public: $2,016.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: June 3, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
Countervailing Duty Measures on
Certain Products from China, WT/
DS437 (December 18, 2014) (DS437).
See Attachment for a listing of the 15
CVD investigations at issue in DS437.
The Department issued its final
determinations in these section 129
proceedings on March 31, 2016, April
26, 2016, and May 19, 2016. The
Department is now implementing these
final determinations.
The effective date for the
determination covering the Group One
Investigations and the Wire Strand
investigation with respect to the public
body and input specificity analyses is
April 1, 2016, and the effective date for
the determinations covering the Group
Two Investigations and Wire Strand
with respect to the land specificity
analysis is May 26, 2016.
DATES:
Eric
B. Greynolds or Kristen Johnson, 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 or (202) 482–
4793, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
Implementation of Determinations
Pursuant to Section 129 of the
Uruguay Round Agreements Act
On April 27, 2015, the Department
informed interested parties that it was
initiating proceedings under section 129
of the URAA to implement the
recommendations and rulings of the
WTO Dispute Settlement Body (DSB) in
DS437.1 Given the number of CVD
investigations and complexity of the
issues involved in this dispute, the
Department addressed each of the issues
and conclusions of the panel and
Appellate Body in DS437 through
separate preliminary determination
memoranda. Specifically, the
Department issued preliminary
determinations regarding: (1) Export
Restraints; 2 (2) Land; 3 (3) Public Bodies
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2016 and May 26,
2016, the U.S. Trade Representative
(USTR) directed the Department of
Commerce (the Department) to
implement its determinations under
section 129 of the Uruguay Round
Agreements Act (URAA), regarding 15
countervailing duty (CVD)
investigations, which render them not
inconsistent with the World Trade
Organization (WTO) dispute settlement
findings in United States—
1 See Notice of Commencement of Compliance
Proceedings Pursuant to Section 129 of the Uruguay
Round Agreements Act, 80 FR 23254 (April 27,
2015).
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceeding: United States—
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Preliminary Determination Regarding Export
Restraints,’’ (February 23, 2016).
3 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceeding: United States—
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Preliminary Determination Regarding Land
Specificity,’’ (February 24, 2016).
[FR Doc. 2016–13608 Filed 6–8–16; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–921; C–570–931; C–570–936; C–
570–938; C–570–940; C–570–942; C–570–
944; C–570–946; C–570–955; C–570–957; C–
570–959; C–570–966; C–570–968; C–570–
978; C–570–980]
sradovich on DSK3TPTVN1PROD with NOTICES
AGENCY:
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and Input Specificity; 4 and (4) Benefit
(Market Distortion).5
The Department invited interested
parties to comment on each of the
section 129 preliminary
determinations.6 After receiving
comments and rebuttal comments from
the interested parties, the Department
issued final determinations on March
31, 2016,7 April 26, 2016,8 and May 19,
2016.9
4 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Preliminary Determination of Public Bodies and
Input Specificity,’’ (February 25, 2016); see also
Memorandum to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, ‘‘Input
Specificity: Preliminary Analysis of the
Diversification of Economic Activities and Length
of Time,’’ (December 31, 2015).
5 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Benefit (Market Distortion) Memorandum,’’
(March 7, 2016); see also Memorandum to Brendan
Quinn, Acting Director, AD/CVD Operations, Office
III, ‘‘Supporting Memorandum to Preliminary
Benefit (Market Distortion) Memorandum,’’ (March
7, 2016).
6 See Department Memorandum to the File,
‘‘Section 129 Proceedings: United States—
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Schedule for rebuttal factual information, written
argument, and a hearing,’’ (March 11, 2016).
7 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceedings: United States—
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO DS437):
Final Determination of Public Bodies and Input
Specificity,’’ (March 31, 2016); Memorandum to
Paul Piquado, Assistant Secretary for Enforcement
and Compliance, ‘‘Section 129 Proceedings: United
States—Countervailing Duty Measures on Certain
Products from the People’s Republic of China (WTO
DS437): No Comment Final Determinations,’’
(March 31, 2016); and Memorandum to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Section 129 Proceedings: United
States—Countervailing Duty Measures on Certain
Products from the People’s Republic of China (WTO
DS437): Final Determination for Countervailing
Duty Investigation on Drill Pipe from the People’s
Republic of China,’’ (March 31, 2016).
8 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceedings: United States—
Countervailing Duty (CVD) Measures on Certain
Products from the People’s Republic of China (WTO
DS437): Final Determination on the Initiation of
Allegations of Export Restraints in Magnesia
Bricks,’’ (April 26, 2016) (Final Determination for
Export Restraints); see also Memorandum to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Section 129 Proceedings: United
States—Countervailing Duty (CVD) Measures on
Certain Products from the People’s Republic of
China (WTO DS437): Final Determination for
Certain Seamless Carbon Alloy Steel Standard,
Line, and Pressure Pipe from the People’s Republic
of China (Seamless Pipe from the PRC),’’ (April 26,
2016) (Final Determination for Seamless Pipe).
9 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceedings: United States—
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO DS437):
Final Determination for Pressure Pipe, Line Pipe,
OCTG, Wire Strand, and Solar Panels,’’ (May 19,
2016) (Final Determination for Pressure Pipe, Line
Pipe, OCTG, Wire Strand, and Solar Panels).
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On April 1, 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 March 31, 2016,
determinations, had been completed
and USTR directed the Department to
implement those determinations in
accordance with section 129(b)(4) of the
URAA. As explained below, those
determinations applied to Lawn
Groomers, Kitchen Shelving, Steel
Cylinders, Print Graphics, Aluminum
Extrusions, Thermal Paper, and Citric
Acid (‘‘Group One Investigations’’), as
well as Wire Strand with respect to the
Department’s public body and input
specificity analyses.
On May 26, 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 26, 2016, and
May 19, 2016, determinations had been
completed and USTR directed the
Department to implement those
determinations in accordance with
section 129(b)(4) of the URAA. Those
determinations apply to Pressure Pipe,
Line Pipe, OCTG, Solar Panels,
Seamless Pipe, and Magnesia Bricks
(‘‘Group Two Investigations’’) and Wire
Strand with respect to the Department’s
land specificity analysis. Also on May
26, 2016, in accordance with section
129(b)(4) of the URAA, USTR directed
the Department to implement those
determinations as well.
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.10
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.11 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.12 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.13
The new determination is subject to
judicial review, separate and apart from
judicial review of the Department’s
original determination.14
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 respective final
determinations. The issues included in
the respective final determinations are
as follows: (1) Export Restraints
(Magnesia Bricks and Seamless Pipe);
(2) Land (Thermal Paper, Line Pipe,
Citric Acid, OCTG, Wire Strand, and
Seamless Pipe); (3) Public Bodies and
Input Specificity (Pressure Pipe, Line
Pipe, Lawn Groomers, Kitchen Shelving,
OCTG, Wire Strand, Seamless Pipe,
Print Graphics, Aluminum Extrusions,
Steel Cylinders, and Solar Panels); and
(4) Benefit (Market Distortion) (Pressure
Pipe, Line Pipe, OCTG, and Solar
Panels). Separately, the Department
issued a memorandum regarding Drill
Pipe, concluding that because the order
for Drill Pipe had been revoked
pursuant to a final and conclusive
decision from the U.S. Court of Appeals
for the Federal Circuit, there is no
longer a need for the Department to
issue a determination in connection
with this proceeding to render it not
inconsistent with the findings in WTO
DS437.15 The final determinations are
public documents and are 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 versions of the final
determinations and the electronic
versions of the final determinations are
identical in content.
Final Determinations: Recalculated
Countervailing Duty Rates
The recalculated CVD rates, as
included in the final determinations and
which remain unchanged from the
preliminary determinations for each
company, are listed below. As
indicated, we made changes to the net
subsidy rates in certain proceedings
(i.e., Line Pipe, OCTG, Magnesia Bricks,
and Seamless Pipe).16 As noted above,
the CVD order for Drill Pipe including
the corresponding CVD rates have been
revoked independently from this
Section 129 proceeding.17 The net
subsidy rates for the remaining CVD
proceedings in DS437 are unchanged.
CVD rate
(investigation)
Exporter/producer
Revised CVD
rate
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Line Pipe
sradovich on DSK3TPTVN1PROD with NOTICES
Huludao Seven-Star Steel Pipe Group Co., Ltd. (Huludao Seven Star Group), Huludao Steel Pipe Industrial
Co. Ltd. (Huludao Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao Bohai Oil Pipe) (collectively, the Huludao Companies) ......................................................................................................................
Liaoning Northern Steel Pipe Co., Ltd. (Northern Steel) ........................................................................................
10 See
19 U.S.C. 3538(b)(2).
SAA at 1025, 1027.
12 See 19 U.S.C. 3538(b)(4).
13 See 19 U.S.C. 3538(c).
14 See 19 U.S.C. 1516(a)(2)(B)(vii).
15 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Section 129 Proceeding: United States—
11 See
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Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Final Determination for Countervailing Duty
Investigation on Drill Pipe from the People’s
Republic of China,’’ (March 31, 2016); see also Drill
Pipe from the People’s Republic of China: Notice of
Court Decision Not in Harmony With International
Trade Commission’s Injury Determination,
Revocation of Antidumping and Countervailing
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33.43
40.05
32.65
40.05
Duty Orders Pursuant to Court Decision, and
Discontinuation of Countervailing Duty
Administrative Review, 79 FR 78037 (December 29,
2014) (Drill Pipe Revocation).
16 See Final Determination for Export Restraints,
Final Determination for Seamless Pipe, and Final
Determination for Pressure Pipe, Line Pipe, OCTG,
Wire Strand, and Solar Panels.
17 See Drill Pipe Revocation.
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Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices
CVD rate
(investigation)
Exporter/producer
All Others .................................................................................................................................................................
Revised CVD
rate
36.74
36.35
10.49
7.71
12.46
12.46
14.95
14.95
15.78
13.41
15.78
12.26
24.24
253.87
24.24
3.00
232.63
3.00
13.66
8.24
56.67
35.17
49.56
28.90
Amended Countervailable Subsidy Rates Ad Valorem (Percent): OCTG
Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd.,
Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (collectively, TPCO) ...................................................................................................................................................
Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao Precision Steel Tube Co., Ltd. (collectively,
Changbao) ............................................................................................................................................................
Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel
Co., Ltd. (collectively, Wuxi) ................................................................................................................................
Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd.,
and Zhejiang Jianli Industry Group Co., Ltd. (collectively, Zhejiang Jinali) ........................................................
All Others .................................................................................................................................................................
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Magnesia Bricks
RHI Refractories Liaoning Co., Ltd., RHI Refractories (Dalian) Co., Ltd., and Liaoning RHI Jinding Magnesia
Co., Ltd. (RHIJ) (collectively, RHI) .......................................................................................................................
Liaoning Mayerton Refractories and Dalian Mayerton Refractories Co. Ltd. (collectively, Mayerton) ...................
All Others .................................................................................................................................................................
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Seamless Pipe
Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd.,
Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (collectively, TPCO) ...................................................................................................................................................
Hengyang Steel Tube Group Int’l Trading, Inc., Hengyang Valin Steel Tube Co., Ltd., Hengyang Valin MPM
Tube Co., Ltd., Xigang Seamless Steel Tube Co., Ltd., Wuxi Seamless Special Pipe Co., Ltd., Wuxi Resources Steel Making Co., Ltd., Jiangsu Xigang Group Co., Ltd., Hunan Valin Xiangtan Iron & Steel Co.,
Ltd., Wuxi Sifang Steel Tube Co., Ltd., Hunan Valin Steel Co., Ltd., Hunan Valin Iron & Steel Group Co.,
Ltd. (collectively, Hengyang) ................................................................................................................................
All Others .................................................................................................................................................................
Implementation of the Revised Cash
Deposit Requirements
As noted above, on April 1, 2016 and
May 26, 2016, in accordance with
sections 129(b)(4) and 129(c)(1)(B) of the
URAA, USTR directed the Department
to implement these final
determinations. With respect to all of
the investigations except for Magnesia
Bricks and Seamless Pipe, 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 1, 2016,
and May 26, 2016, respectively unless
the applicable cash deposit rates have
been superseded by intervening
segments or revised based on a
redetermination of the investigation as a
result of domestic litigation. For
Magnesia Bricks and Seamless Pipe, the
Department’s determinations are that
there are insufficient bases on which to
initiate investigations into the export
restraint programs. As a result, the
Department intends to reduce all cash
deposit rates in these two proceedings
applicable as of May 26, 2016. As noted
above, the order on Drill Pipe and
corresponding cash deposits
instructions have been revoked
independently from these Section 129
proceedings.18 This notice of
implementation of these section 129
final determinations is published in
accordance with section 129(c)(2)(A) of
the URAA.
Dated: June 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437
Case short cite
Final determination and order
C–570–921 .......
Thermal Paper ..............
C–570–931 .......
sradovich on DSK3TPTVN1PROD with NOTICES
Case No.
Pressure Pipe ................
Lightweight Thermal Paper from the People’s Republic of China: Final Affirmative Countervailing
Duty Determination, 73 FR 57323 (October 2, 2008) (Thermal Paper), and accompanying Decision Memorandum (Thermal Paper Decision Memorandum). Lightweight Thermal Paper from
the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 72 FR 70958 (November 24, 2008).
Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 4936 (January 28, 2009) (Pressure Pipe),
and accompanying Decision Memorandum (Pressure Pipe Decision Memorandum). Circular
Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Countervailing
Duty Order, 74 FR 11712 (March 19, 2009).
18 See
Drill Pipe Revocation.
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37183
ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437—Continued
Case short cite
Final determination and order
C–570–936 .......
Line Pipe .......................
C–570–938 .......
Citric Acid ......................
C–570–940 .......
Lawn Groomers .............
C–570–942 .......
Kitchen Shelving ...........
C–570–944 .......
OCTG ............................
C–570–946 .......
Wire Strand ...................
C–570–955 .......
Magnesia Bricks ............
C–570–957 .......
Seamless Pipe ..............
C–570–959 .......
Print Graphics ...............
C–570–966 .......
Drill Pipe ........................
C–570–968 .......
sradovich on DSK3TPTVN1PROD with NOTICES
Case No.
Aluminum Extrusions ....
C–570–978 .......
Steel Cylinders ..............
Circular Welded Carbon Quality Steel Line Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 70961 (November 24, 2008) (Line Pipe), and
accompanying Decision Memorandum (Line Pipe Decision Memorandum). Circular Welded Carbon Quality Steel Line Pipe from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 74 FR
4136 (January 23, 2009).
Citric Acid and Certain Citrate Salts from People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 16836 (April 13, 2009) (Citric Acid), and accompanying Decision Memorandum (Citric Acid Decision Memorandum). Citric Acid and Certain Citrate Salts
from the People’s Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 (May
29, 2009).
Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of
China: Final Affirmative Countervailing Duty Determination, 74 FR 29180 (June 19, 2009) (Lawn
Groomers), and accompanying Decision Memorandum (Lawn Groomers Decision Memorandum). Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China: Countervailing Duty Order, 74 FR 38399 (August 3, 2009).
Certain Kitchen Shelving and Racks from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 37012 (July 27, 2009) (Kitchen Shelving), and accompanying Decision Memorandum (Kitchen Shelving Decision Memorandum). Certain Kitchen
Shelving and Racks from the People’s Republic of China: Countervailing Duty Order, 74 FR
46973 (September 14, 2009).
Certain Oil Country Tubular Goods from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Negative Critical Circumstances Determination, 74 FR 64045
(December 7, 2009) (OCTG), and accompanying Decision Memorandum (OCTG Decision
Memorandum). Certain Oil Country Tubular Goods from the People’s Republic of China:
Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75
FR 3203 (January 20, 2010).
Pre-Stressed Concrete Steel Wire Strand from the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 75 FR 28557 (May 21, 2010) (Wire Strand), and accompanying Decision Memorandum (Wire Strand Decision Memorandum). Pre-Stressed Concrete
Steel Wire Strand from the People’s Republic of China: Notice of Amended Final Affirmative
Countervailing Duty Determination and Notice of Countervailing Duty Order, 75 FR 38977 (July
7, 2010).
Certain Magnesia Carbon Bricks from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 45472 (August 2, 2010) (Magnesia Bricks), and accompanying Decision Memorandum (Magnesia Bricks Decision Memorandum). Certain Magnesia
Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442
(September 21, 2010).
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s
Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical
Circumstances Determination, 75 FR 57444 (September 21, 2010) (Seamless Pipe), and accompanying Decision Memorandum (Seamless Pipe Decision Memorandum). Certain Seamless
Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China:
Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75
FR 69050 (November 10, 2010).
Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the
People’s Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 59212
(September 27, 2010) (Print Graphics), and accompanying Decision Memorandum (Print Graphics Decision Memorandum). Certain Coated Paper Suitable for High-Quality Print Graphics
Using Sheet-Fed Presses from the People’s Republic of China: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 75 FR 70201 (November 17,
2010).
Drill Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 76 FR 1971 (January 11, 2011)
(Drill Pipe), and accompanying Decision Memorandum (Drill Pipe Decision Memorandum). Drill
Pipe from the People’s Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3,
2011). (Note: The CVD order on drill pipe was revoked. However, the litigation is not yet final
and complete. Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in
Harmony With International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of
Countervailing Duty Administrative Review, 79 FR 78037 (December 29, 2014)).
Aluminum Extrusions from the People’s Republic of China: Final Affirmative Countervailing Duty
Determination, 76 FR 18521 (April 4, 2011) (Aluminum Extrusions), and accompanying Decision
Memorandum (Aluminum Extrusions Decision Memorandum). Aluminum Extrusions from the
People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
High Pressure Steel Cylinders from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 77 FR 26738 (May 7, 2012) (Steel Cylinders), and accompanying
Decision Memorandum (Steel Cylinders Decision Memorandum). High Pressure Steel Cylinders
from the People’s Republic of China: Countervailing Duty Order, 77 FR 37384 (June 21, 2012).
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ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437—Continued
Case No.
Case short cite
Final determination and order
C–570–980 .......
Solar Panels ..................
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s
Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 77 FR 63788 (October 17, 2012) (Solar Panels), and accompanying Decision Memorandum (Solar Panels Decision Memorandum). Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December 7, 2012).
viewing on www.regulations.gov
without change. All personal identifying
information (e.g. name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
[FR Doc. 2016–13691 Filed 6–8–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE658
Permits; Foreign Fishing
FOR FURTHER INFORMATION CONTACT:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of application for permit;
request for comments.
AGENCY:
NMFS publishes for public
review and comment information
regarding a permit application for
transshipment of Atlantic herring by
Canadian vessels, submitted under
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). This
action is necessary for NMFS to make a
determination that the permit
application can be approved.
DATES: Written comments must be
received by June 23, 2016.
ADDRESSES: You may submit comments
on this document, identified by docket
NOAA–HQ–2016–0071, by any of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-HQ-2016-0071,
click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Mark Wildman, International
Fisheries Division, Office for
International Affairs and Seafood
Inspection, NOAA Fisheries, 1315 EastWest Highway, Silver Spring, MD
20910.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
sradovich on DSK3TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:50 Jun 08, 2016
Jkt 238001
Mark Wildman at (301) 427–8386 or by
email at mark.wildman@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 204(d) of the MagnusonStevens Act (16 U.S.C. 1824(d))
authorizes the Secretary of Commerce
(Secretary) to issue a transshipment
permit authorizing a vessel other than a
vessel of the United States to engage in
fishing consisting solely of transporting
fish or fish products at sea from a point
within the United States Exclusive
Economic Zone (EEZ) or, with the
concurrence of a state, within the
boundaries of that state, to a point
outside the United States. In addition,
Public Law 104–297, section 105(e),
directs the Secretary to issue section
204(d) permits for up to 14 Canadian
transport vessels to receive Atlantic
herring harvested by United States
fishermen and to be used in sardine
processing. Transshipment must occur
from within the boundaries of the State
of Maine or within the portion of the
EEZ east of the line 69 degrees 30
minutes west and within 12 nautical
miles from Maine’s seaward boundary.
Section 204(d)(3)(D) of the MagnusonStevens Act provides that an application
may not be approved until the Secretary
determines that ‘‘no owner or operator
of a vessel of the United States which
has adequate capacity to perform the
transportation for which the application
is submitted has indicated . . . an
interest in performing the transportation
at fair and reasonable rates.’’ NMFS is
publishing this notice as part of its effort
to make such a determination with
respect to the application described
below.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Summary of Application
NMFS received an application
requesting authorization for four
Canadian transport vessels to receive
transfers of herring from United States
purse seine vessels, stop seines, and
weirs for the purpose of transporting the
herring to Canada for processing. The
transshipment operations will occur
within the boundaries of the State of
Maine or within the portion of the EEZ
east of the line 69°30′ W. longitude and
within 12 nautical miles from Maine’s
seaward boundary.
Dated: June 3, 2016.
John Henderschedt,
Director, Office for International Affairs and
Seafood Inspection, National Marine
Fisheries Service.
[FR Doc. 2016–13619 Filed 6–8–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE613
Schedules for Atlantic Shark
Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshops.
AGENCY:
Free Atlantic Shark
Identification Workshops and Protected
Species Safe Handling, Release, and
Identification Workshops will be held in
July, August, and September of 2016.
Certain fishermen and shark dealers are
required to attend a workshop to meet
regulatory requirements and to maintain
valid permits. Specifically, the Atlantic
Shark Identification Workshop is
mandatory for all federally permitted
Atlantic shark dealers. The Protected
Species Safe Handling, Release, and
Identification Workshop is mandatory
for vessel owners and operators who use
bottom longline, pelagic longline, or
gillnet gear, and who have also been
SUMMARY:
E:\FR\FM\09JNN1.SGM
09JNN1
]]>Agencies
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37180-37184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13691]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-921; C-570-931; C-570-936; C-570-938; C-570-940; C-570-942; C-
570-944; C-570-946; C-570-955; C-570-957; C-570-959; C-570-966; C-570-
968; C-570-978; C-570-980]
Implementation of Determinations Pursuant to Section 129 of the
Uruguay Round Agreements Act
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2016 and May 26, 2016, the U.S. Trade
Representative (USTR) directed the Department of Commerce (the
Department) to implement its determinations under section 129 of the
Uruguay Round Agreements Act (URAA), regarding 15 countervailing duty
(CVD) investigations, which render them not inconsistent with the World
Trade Organization (WTO) dispute settlement findings in United States--
Countervailing Duty Measures on Certain Products from China, WT/DS437
(December 18, 2014) (DS437). See Attachment for a listing of the 15 CVD
investigations at issue in DS437. The Department issued its final
determinations in these section 129 proceedings on March 31, 2016,
April 26, 2016, and May 19, 2016. The Department is now implementing
these final determinations.
DATES: The effective date for the determination covering the Group One
Investigations and the Wire Strand investigation with respect to the
public body and input specificity analyses is April 1, 2016, and the
effective date for the determinations covering the Group Two
Investigations and Wire Strand with respect to the land specificity
analysis is May 26, 2016.
FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Kristen Johnson,
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 or (202) 482-4793, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2015, the Department informed interested parties that
it was initiating proceedings under section 129 of the URAA to
implement the recommendations and rulings of the WTO Dispute Settlement
Body (DSB) in DS437.\1\ Given the number of CVD investigations and
complexity of the issues involved in this dispute, the Department
addressed each of the issues and conclusions of the panel and Appellate
Body in DS437 through separate preliminary determination memoranda.
Specifically, the Department issued preliminary determinations
regarding: (1) Export Restraints; \2\ (2) Land; \3\ (3) Public Bodies
and Input Specificity; \4\ and (4) Benefit (Market Distortion).\5\
---------------------------------------------------------------------------
\1\ See Notice of Commencement of Compliance Proceedings
Pursuant to Section 129 of the Uruguay Round Agreements Act, 80 FR
23254 (April 27, 2015).
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceeding: United
States--Countervailing Duty Measures on Certain Products from the
People's Republic of China (WTO/DS437): Preliminary Determination
Regarding Export Restraints,'' (February 23, 2016).
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceeding: United
States--Countervailing Duty Measures on Certain Products from the
People's Republic of China (WTO/DS437): Preliminary Determination
Regarding Land Specificity,'' (February 24, 2016).
\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Preliminary Determination of Public
Bodies and Input Specificity,'' (February 25, 2016); see also
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Input Specificity: Preliminary Analysis of the
Diversification of Economic Activities and Length of Time,''
(December 31, 2015).
\5\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Benefit (Market Distortion)
Memorandum,'' (March 7, 2016); see also Memorandum to Brendan Quinn,
Acting Director, AD/CVD Operations, Office III, ``Supporting
Memorandum to Preliminary Benefit (Market Distortion) Memorandum,''
(March 7, 2016).
---------------------------------------------------------------------------
The Department invited interested parties to comment on each of the
section 129 preliminary determinations.\6\ After receiving comments and
rebuttal comments from the interested parties, the Department issued
final determinations on March 31, 2016,\7\ April 26, 2016,\8\ and May
19, 2016.\9\
---------------------------------------------------------------------------
\6\ See Department Memorandum to the File, ``Section 129
Proceedings: United States--Countervailing Duty Measures on Certain
Products from the People's Republic of China (WTO/DS437): Schedule
for rebuttal factual information, written argument, and a hearing,''
(March 11, 2016).
\7\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceedings: United
States--Countervailing Duty Measures on Certain Products from the
People's Republic of China (WTO DS437): Final Determination of
Public Bodies and Input Specificity,'' (March 31, 2016); Memorandum
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Section 129 Proceedings: United States--Countervailing Duty
Measures on Certain Products from the People's Republic of China
(WTO DS437): No Comment Final Determinations,'' (March 31, 2016);
and Memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, ``Section 129 Proceedings: United States--
Countervailing Duty Measures on Certain Products from the People's
Republic of China (WTO DS437): Final Determination for
Countervailing Duty Investigation on Drill Pipe from the People's
Republic of China,'' (March 31, 2016).
\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceedings: United
States--Countervailing Duty (CVD) Measures on Certain Products from
the People's Republic of China (WTO DS437): Final Determination on
the Initiation of Allegations of Export Restraints in Magnesia
Bricks,'' (April 26, 2016) (Final Determination for Export
Restraints); see also Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Section 129 Proceedings:
United States--Countervailing Duty (CVD) Measures on Certain
Products from the People's Republic of China (WTO DS437): Final
Determination for Certain Seamless Carbon Alloy Steel Standard,
Line, and Pressure Pipe from the People's Republic of China
(Seamless Pipe from the PRC),'' (April 26, 2016) (Final
Determination for Seamless Pipe).
\9\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceedings: United
States--Countervailing Duty Measures on Certain Products from the
People's Republic of China (WTO DS437): Final Determination for
Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels,''
(May 19, 2016) (Final Determination for Pressure Pipe, Line Pipe,
OCTG, Wire Strand, and Solar Panels).
---------------------------------------------------------------------------
[[Page 37181]]
On April 1, 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 March
31, 2016, determinations, had been completed and USTR directed the
Department to implement those determinations in accordance with section
129(b)(4) of the URAA. As explained below, those determinations applied
to Lawn Groomers, Kitchen Shelving, Steel Cylinders, Print Graphics,
Aluminum Extrusions, Thermal Paper, and Citric Acid (``Group One
Investigations''), as well as Wire Strand with respect to the
Department's public body and input specificity analyses.
On May 26, 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 26,
2016, and May 19, 2016, determinations had been completed and USTR
directed the Department to implement those determinations in accordance
with section 129(b)(4) of the URAA. Those determinations apply to
Pressure Pipe, Line Pipe, OCTG, Solar Panels, Seamless Pipe, and
Magnesia Bricks (``Group Two Investigations'') and Wire Strand with
respect to the Department's land specificity analysis. Also on May 26,
2016, in accordance with section 129(b)(4) of the URAA, USTR directed
the Department to implement those determinations as well.
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.\10\ 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.\11\ 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.\12\ 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.\13\ The new determination is subject to judicial review,
separate and apart from judicial review of the Department's original
determination.\14\
---------------------------------------------------------------------------
\10\ See 19 U.S.C. 3538(b)(2).
\11\ See SAA at 1025, 1027.
\12\ See 19 U.S.C. 3538(b)(4).
\13\ See 19 U.S.C. 3538(c).
\14\ 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
respective final determinations. The issues included in the respective
final determinations are as follows: (1) Export Restraints (Magnesia
Bricks and Seamless Pipe); (2) Land (Thermal Paper, Line Pipe, Citric
Acid, OCTG, Wire Strand, and Seamless Pipe); (3) Public Bodies and
Input Specificity (Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen
Shelving, OCTG, Wire Strand, Seamless Pipe, Print Graphics, Aluminum
Extrusions, Steel Cylinders, and Solar Panels); and (4) Benefit (Market
Distortion) (Pressure Pipe, Line Pipe, OCTG, and Solar Panels).
Separately, the Department issued a memorandum regarding Drill Pipe,
concluding that because the order for Drill Pipe had been revoked
pursuant to a final and conclusive decision from the U.S. Court of
Appeals for the Federal Circuit, there is no longer a need for the
Department to issue a determination in connection with this proceeding
to render it not inconsistent with the findings in WTO DS437.\15\ The
final determinations are public documents and are 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
versions of the final determinations and the electronic versions of the
final determinations are identical in content.
---------------------------------------------------------------------------
\15\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Section 129 Proceeding: United
States--Countervailing Duty Measures on Certain Products from the
People's Republic of China (WTO/DS437): Final Determination for
Countervailing Duty Investigation on Drill Pipe from the People's
Republic of China,'' (March 31, 2016); see also Drill Pipe from the
People's Republic of China: Notice of Court Decision Not in Harmony
With International Trade Commission's Injury Determination,
Revocation of Antidumping and Countervailing Duty Orders Pursuant to
Court Decision, and Discontinuation of Countervailing Duty
Administrative Review, 79 FR 78037 (December 29, 2014) (Drill Pipe
Revocation).
---------------------------------------------------------------------------
Final Determinations: Recalculated Countervailing Duty Rates
The recalculated CVD rates, as included in the final determinations
and which remain unchanged from the preliminary determinations for each
company, are listed below. As indicated, we made changes to the net
subsidy rates in certain proceedings (i.e., Line Pipe, OCTG, Magnesia
Bricks, and Seamless Pipe).\16\ As noted above, the CVD order for Drill
Pipe including the corresponding CVD rates have been revoked
independently from this Section 129 proceeding.\17\ The net subsidy
rates for the remaining CVD proceedings in DS437 are unchanged.
---------------------------------------------------------------------------
\16\ See Final Determination for Export Restraints, Final
Determination for Seamless Pipe, and Final Determination for
Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels.
\17\ See Drill Pipe Revocation.
------------------------------------------------------------------------
CVD rate Revised CVD
Exporter/producer (investigation) rate
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Line Pipe
------------------------------------------------------------------------
Huludao Seven-Star Steel Pipe Group 33.43 32.65
Co., Ltd. (Huludao Seven Star Group),
Huludao Steel Pipe Industrial Co. Ltd.
(Huludao Steel Pipe), and Huludao
Bohai Oil Pipe Industrial Co. Ltd.
(Huludao Bohai Oil Pipe)
(collectively, the Huludao Companies).
Liaoning Northern Steel Pipe Co., Ltd. 40.05 40.05
(Northern Steel)......................
[[Page 37182]]
All Others............................. 36.74 36.35
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent): OCTG
------------------------------------------------------------------------
Tianjin Pipe (Group) Co., Tianjin Pipe 10.49 7.71
Iron Manufacturing Co., Ltd., Tianguan
Yuantong Pipe Product Co., Ltd.,
Tianjin Pipe International Economic
and Trading Co., Ltd., and TPCO
Charging Development Co., Ltd.
(collectively, TPCO)..................
Jiangsu Changbao Steel Tube Co. and 12.46 12.46
Jiangsu Changbao Precision Steel Tube
Co., Ltd. (collectively, Changbao)....
Wuxi Seamless Pipe Co, Ltd., Jiangsu 14.95 14.95
Fanli Steel Pipe Co, Ltd., Tuoketuo
County Mengfeng Special Steel Co.,
Ltd. (collectively, Wuxi).............
Zhejiang Jianli Enterprise Co., Ltd., 15.78 15.78
Zhejiang Jianli Steel Tube Co., Ltd.,
Zhuji Jiansheng Machinery Co., Ltd.,
and Zhejiang Jianli Industry Group
Co., Ltd. (collectively, Zhejiang
Jinali)...............................
All Others............................. 13.41 12.26
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Magnesia
Bricks
------------------------------------------------------------------------
RHI Refractories Liaoning Co., Ltd., 24.24 3.00
RHI Refractories (Dalian) Co., Ltd.,
and Liaoning RHI Jinding Magnesia Co.,
Ltd. (RHIJ) (collectively, RHI).......
Liaoning Mayerton Refractories and 253.87 232.63
Dalian Mayerton Refractories Co. Ltd.
(collectively, Mayerton)..............
All Others............................. 24.24 3.00
------------------------------------------------------------------------
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Seamless
Pipe
------------------------------------------------------------------------
Tianjin Pipe (Group) Co., Tianjin Pipe 13.66 8.24
Iron Manufacturing Co., Ltd., Tianguan
Yuantong Pipe Product Co., Ltd.,
Tianjin Pipe International Economic
and Trading Co., Ltd., and TPCO
Charging Development Co., Ltd.
(collectively, TPCO)..................
Hengyang Steel Tube Group Int'l 56.67 49.56
Trading, Inc., Hengyang Valin Steel
Tube Co., Ltd., Hengyang Valin MPM
Tube Co., Ltd., Xigang Seamless Steel
Tube Co., Ltd., Wuxi Seamless Special
Pipe Co., Ltd., Wuxi Resources Steel
Making Co., Ltd., Jiangsu Xigang Group
Co., Ltd., Hunan Valin Xiangtan Iron &
Steel Co., Ltd., Wuxi Sifang Steel
Tube Co., Ltd., Hunan Valin Steel Co.,
Ltd., Hunan Valin Iron & Steel Group
Co., Ltd. (collectively, Hengyang)....
All Others............................. 35.17 28.90
------------------------------------------------------------------------
Implementation of the Revised Cash Deposit Requirements
As noted above, on April 1, 2016 and May 26, 2016, in accordance
with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR directed the
Department to implement these final determinations. With respect to all
of the investigations except for Magnesia Bricks and Seamless Pipe, 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 1, 2016, and May 26, 2016, respectively unless the
applicable cash deposit rates have been superseded by intervening
segments or revised based on a redetermination of the investigation as
a result of domestic litigation. For Magnesia Bricks and Seamless Pipe,
the Department's determinations are that there are insufficient bases
on which to initiate investigations into the export restraint programs.
As a result, the Department intends to reduce all cash deposit rates in
these two proceedings applicable as of May 26, 2016. As noted above,
the order on Drill Pipe and corresponding cash deposits instructions
have been revoked independently from these Section 129 proceedings.\18\
This notice of implementation of these section 129 final determinations
is published in accordance with section 129(c)(2)(A) of the URAA.
---------------------------------------------------------------------------
\18\ See Drill Pipe Revocation.
Dated: June 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Attachment: CVD Investigations Examined in the Section 129 Proceedings
for WTO DS437
------------------------------------------------------------------------
Final determination and
Case No. Case short cite order
------------------------------------------------------------------------
C-570-921................ Thermal Paper...... Lightweight Thermal
Paper from the People's
Republic of China:
Final Affirmative
Countervailing Duty
Determination, 73 FR
57323 (October 2, 2008)
(Thermal Paper), and
accompanying Decision
Memorandum (Thermal
Paper Decision
Memorandum).
Lightweight Thermal
Paper from the People's
Republic of China:
Notice of Amended Final
Affirmative
Countervailing Duty
Determination and
Notice of
Countervailing Duty
Order, 72 FR 70958
(November 24, 2008).
C-570-931................ Pressure Pipe...... Circular Welded
Austenitic Stainless
Pressure Pipe from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 74 FR
4936 (January 28, 2009)
(Pressure Pipe), and
accompanying Decision
Memorandum (Pressure
Pipe Decision
Memorandum). Circular
Welded Austenitic
Stainless Pressure Pipe
from the People's
Republic of China:
Countervailing Duty
Order, 74 FR 11712
(March 19, 2009).
[[Page 37183]]
C-570-936................ Line Pipe.......... Circular Welded Carbon
Quality Steel Line Pipe
from the People's
Republic of China:
Final Affirmative
Countervailing Duty
Determination, 73 FR
70961 (November 24,
2008) (Line Pipe), and
accompanying Decision
Memorandum (Line Pipe
Decision Memorandum).
Circular Welded Carbon
Quality Steel Line Pipe
from the People's
Republic of China:
Notice of Amended Final
Affirmative
Countervailing Duty
Determination and
Notice of
Countervailing Duty
Order, 74 FR 4136
(January 23, 2009).
C-570-938................ Citric Acid........ Citric Acid and Certain
Citrate Salts from
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 74 FR
16836 (April 13, 2009)
(Citric Acid), and
accompanying Decision
Memorandum (Citric Acid
Decision Memorandum).
Citric Acid and Certain
Citrate Salts from the
People's Republic of
China: Notice of
Countervailing Duty
Order, 74 FR 25705 (May
29, 2009).
C-570-940................ Lawn Groomers...... Certain Tow-Behind Lawn
Groomers and Certain
Parts Thereof from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 74 FR
29180 (June 19, 2009)
(Lawn Groomers), and
accompanying Decision
Memorandum (Lawn
Groomers Decision
Memorandum). Certain
Tow-Behind Lawn
Groomers and Certain
Parts Thereof from the
People's Republic of
China: Countervailing
Duty Order, 74 FR 38399
(August 3, 2009).
C-570-942................ Kitchen Shelving... Certain Kitchen Shelving
and Racks from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 74 FR
37012 (July 27, 2009)
(Kitchen Shelving), and
accompanying Decision
Memorandum (Kitchen
Shelving Decision
Memorandum). Certain
Kitchen Shelving and
Racks from the People's
Republic of China:
Countervailing Duty
Order, 74 FR 46973
(September 14, 2009).
C-570-944................ OCTG............... Certain Oil Country
Tubular Goods from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, Final
Negative Critical
Circumstances
Determination, 74 FR
64045 (December 7,
2009) (OCTG), and
accompanying Decision
Memorandum (OCTG
Decision Memorandum).
Certain Oil Country
Tubular Goods from the
People's Republic of
China: Amended Final
Affirmative
Countervailing Duty
Determination and
Countervailing Duty
Order, 75 FR 3203
(January 20, 2010).
C-570-946................ Wire Strand........ Pre-Stressed Concrete
Steel Wire Strand from
the People's Republic
of China: Final
Affirmative
Countervailing Duty
Determination, 75 FR
28557 (May 21, 2010)
(Wire Strand), and
accompanying Decision
Memorandum (Wire Strand
Decision Memorandum).
Pre-Stressed Concrete
Steel Wire Strand from
the People's Republic
of China: Notice of
Amended Final
Affirmative
Countervailing Duty
Determination and
Notice of
Countervailing Duty
Order, 75 FR 38977
(July 7, 2010).
C-570-955................ Magnesia Bricks.... Certain Magnesia Carbon
Bricks from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 75 FR
45472 (August 2, 2010)
(Magnesia Bricks), and
accompanying Decision
Memorandum (Magnesia
Bricks Decision
Memorandum). Certain
Magnesia Carbon Bricks
from the People's
Republic of China:
Countervailing Duty
Order, 75 FR 57442
(September 21, 2010).
C-570-957................ Seamless Pipe...... Certain Seamless Carbon
and Alloy Steel
Standard, Line, and
Pressure Pipe from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, Final
Affirmative Critical
Circumstances
Determination, 75 FR
57444 (September 21,
2010) (Seamless Pipe),
and accompanying
Decision Memorandum
(Seamless Pipe Decision
Memorandum). Certain
Seamless Carbon and
Alloy Steel Standard,
Line, and Pressure Pipe
from the People's
Republic of China:
Amended Final
Affirmative
Countervailing Duty
Determination and
Countervailing Duty
Order, 75 FR 69050
(November 10, 2010).
C-570-959................ Print Graphics..... Certain Coated Paper
Suitable for High-
Quality Print Graphics
Using Sheet-Fed Presses
from the People's
Republic of China:
Final Affirmative
Countervailing Duty
Determination, 75 FR
59212 (September 27,
2010) (Print Graphics),
and accompanying
Decision Memorandum
(Print Graphics
Decision Memorandum).
Certain Coated Paper
Suitable for High-
Quality Print Graphics
Using Sheet-Fed Presses
from the People's
Republic of China:
Amended Final
Affirmative
Countervailing Duty
Determination and
Countervailing Duty
Order, 75 FR 70201
(November 17, 2010).
C-570-966................ Drill Pipe......... Drill Pipe from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, Final
Affirmative Critical
Circumstances
Determination, 76 FR
1971 (January 11, 2011)
(Drill Pipe), and
accompanying Decision
Memorandum (Drill Pipe
Decision Memorandum).
Drill Pipe from the
People's Republic of
China: Countervailing
Duty Order, 76 FR 11758
(March 3, 2011). (Note:
The CVD order on drill
pipe was revoked.
However, the litigation
is not yet final and
complete. Drill Pipe
from the People's
Republic of China:
Notice of Court
Decision Not in Harmony
With International
Trade Commission's
Injury Determination,
Revocation of
Antidumping and
Countervailing Duty
Orders Pursuant to
Court Decision, and
Discontinuation of
Countervailing Duty
Administrative Review,
79 FR 78037 (December
29, 2014)).
C-570-968................ Aluminum Extrusions Aluminum Extrusions from
the People's Republic
of China: Final
Affirmative
Countervailing Duty
Determination, 76 FR
18521 (April 4, 2011)
(Aluminum Extrusions),
and accompanying
Decision Memorandum
(Aluminum Extrusions
Decision Memorandum).
Aluminum Extrusions
from the People's
Republic of China:
Countervailing Duty
Order, 76 FR 30653 (May
26, 2011).
C-570-978................ Steel Cylinders.... High Pressure Steel
Cylinders from the
People's Republic of
China: Final
Affirmative
Countervailing Duty
Determination, 77 FR
26738 (May 7, 2012)
(Steel Cylinders), and
accompanying Decision
Memorandum (Steel
Cylinders Decision
Memorandum). High
Pressure Steel
Cylinders from the
People's Republic of
China: Countervailing
Duty Order, 77 FR 37384
(June 21, 2012).
[[Page 37184]]
C-570-980................ Solar Panels....... Crystalline Silicon
Photovoltaic Cells,
Whether or Not
Assembled Into Modules,
from the People's
Republic of China:
Final Affirmative
Countervailing Duty
Determination and Final
Affirmative Critical
Circumstances
Determination, 77 FR
63788 (October 17,
2012) (Solar Panels),
and accompanying
Decision Memorandum
(Solar Panels Decision
Memorandum).
Crystalline Silicon
Photovoltaic Cells,
Whether or Not
Assembled Into Modules,
from the People's
Republic of China:
Countervailing Duty
Order, 77 FR 73017
(December 7, 2012).
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[FR Doc. 2016-13691 Filed 6-8-16; 8:45 am]
BILLING CODE 3510-DS-P
