Stainless Steel Plate in Coils From South Africa: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 78115-78116 [2016-26851]

Download as PDF Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices Notification to Interested Parties of Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results of the reviews and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: November 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–26848 Filed 11–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–791–806] Stainless Steel Plate in Coils From South Africa: Final Results of Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on stainless steel plate in coils (SSPC) from South Africa would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Effective November 7, 2016. FOR FURTHER INFORMATION CONTACT: John Conniff, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES AGENCY: Background On July 1, 2016, the Department initiated this third sunset review of the CVD order 1 on SSPC from South Africa 1 See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 The Department received a notice of intent to participate from Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products (ATI) and Outokumpu Stainless USA LLC (Outokumpu) (together, domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as domestic producers of SSPC in the United States. The Department received an adequate substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any government or respondent interested party to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited review of the CVD order. Scope of the Order The product covered by these orders is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of these orders are the following: (1) Plate not in coils, (2) plate that is not annealed or otherwise heat treated and pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars. The merchandise subject to this review is currently classifiable in the Harmonized Tariff Schedule of the United States (HTS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy, and South Africa, 64 FR 25288 (May 11, 1999) (Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 43185 (July 1, 2016). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 78115 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS subheadings are provided for convenience and Customs purposes, the written description of the merchandise subject to these orders is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated concurrently with and adopted by this notice.3 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the Order on stainless steel plate in coils from South Africa would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: 4 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding: ‘‘Issues and Decision Memorandum for the Final Results of Expedited Sunset Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from South Africa,’’ dated concurrently with and adopted by this Notice (Issues and Decision Memorandum). 4 Id. E:\FR\FM\07NON1.SGM 07NON1 78116 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices Manufacturers/producers/ exporters Net countervailable subsidy rate (percent) Columbus Stainless Steel Company (the operating unit of the Columbus Joint Venture) ............................ All-Others .............................. 3.95 3.95 Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act. Dated: October 31, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–26851 Filed 11–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–928] Uncovered Innerspring Units From the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on uncovered innerspring units (‘‘innerspring units’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is February 1, 2015, through January 31, 2016. The Department preliminarily determines that the sole respondent, Enchant Privilege Sdn Bhd (‘‘Enchant Privilege’’), did not cooperate to the best of its ability and is, therefore, basing its margin on adverse facts available (‘‘AFA’’). Interested parties are invited to comment on these preliminary results. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6491. SUPPLEMENTARY INFORMATION: Background On February 19, 2009, the Department published an antidumping duty order on innerspring units from the PRC (‘‘the Order’’).1 On February 29, 2016, Leggett & Platt, Inc. (‘‘Petitioner’’) submitted a request for the Department to conduct an administrative review of the Order that examines Enchant Privilege’s exports of subject merchandise made during the POR.2 On April 7, 2016, the Department published in the Federal Register a notice of initiation of this administrative review of the Order concerning Enchant Privilege’s POR exports of subject merchandise.3 4 Scope of the Order The merchandise subject to the order is uncovered innerspring units composed of a series of individual metal springs joined together in sizes corresponding to the sizes of adult mattresses (e.g., twin, twin long, full, full long, queen, California king and king) and units used in smaller constructions, such as crib and youth mattresses. The product is currently classified under subheading 9404.29.9010 and has also been classified under subheadings 9404.10.0000, 9404.29.9005, 9404.29.9011, 7326.20.0070, 7320.20.5010, 7320.90.5010, or 7326.20.0071 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the order is dispositive.5 1 See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009). 2 See Request for Antidumping Administrative Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People’s Republic of China, dated February 29, 2016. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (‘‘Initiation Notice’’). 4 Enchant Privilege is located in Malaysia, a market economy country. As a result, the Department is examining Enchant Privilege’s PRCorigin exports of subject merchandise for this administrative review. 5 For a full description of the scope of the order, see the Department Memorandum, ‘‘Decision Memorandum for Preliminary Results of 2015–2016 Antidumping Duty Administrative Review: Uncovered Innerspring Units from the People’s Republic of China,’’ dated concurrently with and PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Methodology The Department is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). With respect to Enchant Privilege, we relied on facts available and, because Enchant Privilege did not act to the best of its ability to respond to the Department’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available.6 For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that a dumping margin of 234.51 percent exists for Enchant Privilege for the period February 1, 2015, through January 31, 2016. Public Comment Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice in the Federal Register. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.7 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.8 Case and rebuttal briefs should be filed using ACCESS.9 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to hereby adopted by this notice (Preliminary Decision Memorandum). 6 See sections 776(a) and (b) of the Act. 7 See 19 CFR 351.309(d)(1). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 See 19 CFR 351.303. E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78115-78116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-791-806]


Stainless Steel Plate in Coils From South Africa: Final Results 
of Expedited Sunset Review of the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on stainless steel 
plate in coils (SSPC) from South Africa would likely lead to the 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the Final Results of Review section of this notice.

DATES: Effective November 7, 2016.

FOR FURTHER INFORMATION CONTACT: John Conniff, Office III, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1009.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2016, the Department initiated this third sunset review 
of the CVD order \1\ on SSPC from South Africa pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The 
Department received a notice of intent to participate from Allegheny 
Ludlum, LLC d/b/a ATI Flat Rolled Products (ATI) and Outokumpu 
Stainless USA LLC (Outokumpu) (together, domestic interested parties), 
within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act as domestic producers of SSPC in the United 
States.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determinations: Stainless Steel 
Plate in Coils from Belgium and South Africa; and Notice of 
Countervailing Duty Orders: Stainless Steel Plate in Coils from 
Belgium, Italy, and South Africa, 64 FR 25288 (May 11, 1999) 
(Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 43185 
(July 1, 2016).
---------------------------------------------------------------------------

    The Department received an adequate substantive response from the 
domestic interested parties within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). However, the Department did not receive a 
substantive response from any government or respondent interested party 
to this proceeding. As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited review of the CVD order.

Scope of the Order

    The product covered by these orders is certain stainless steel 
plate in coils. Stainless steel is an alloy steel containing, by 
weight, 1.2 percent or less of carbon and 10.5 percent or more of 
chromium, with or without other elements. The subject plate products 
are flat-rolled products, 254 mm or over in width and 4.75 mm or more 
in thickness, in coils, and annealed or otherwise heat treated and 
pickled or otherwise descaled. The subject plate may also be further 
processed (e.g., cold-rolled, polished, etc.) provided that it 
maintains the specified dimensions of plate following such processing. 
Excluded from the scope of these orders are the following: (1) Plate 
not in coils, (2) plate that is not annealed or otherwise heat treated 
and pickled or otherwise descaled, (3) sheet and strip, and (4) flat 
bars.
    The merchandise subject to this review is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTS) at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
    Although the HTS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise subject to 
these orders is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with and adopted by 
this notice.\3\ The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the Order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Enforcement and Compliance, to Paul Piquado, Assistant 
Secretary for Enforcement and Compliance regarding: ``Issues and 
Decision Memorandum for the Final Results of Expedited Sunset Review 
of the Countervailing Duty Order on Stainless Steel Plate in Coils 
from South Africa,'' dated concurrently with and adopted by this 
Notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the Order on stainless steel plate in coils from 
South Africa would be likely to lead to continuation or recurrence of a 
net countervailable subsidy at the rates listed below: \4\
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    \4\ Id.

[[Page 78116]]



------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/ exporters              subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Columbus Stainless Steel Company (the operating unit of             3.95
 the Columbus Joint Venture)...........................
All-Others.............................................             3.95
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act.

    Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26851 Filed 11-4-16; 8:45 am]
 BILLING CODE 3510-DS-P