Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 12561-12562 [2017-04262]

Download as PDF Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices this notice.22 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230 in a room to be determined.23 All submissions, with limited exceptions, must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’).24 An electronically filed document must be received successfully in its entirety by 5 p.m. Eastern Time (‘‘ET’’) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/ Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.25 Consistent with 19 CFR 351.216(e), we intend to issue the final results of these CCRs no later than 270 days after the date on which these reviews were initiated or within 45 days if all parties agree to the outcome of the reviews. We are issuing and publishing this initiation and preliminary results notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3). Dated: February 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–04265 Filed 3–3–17; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 22 The Department is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 23 See 19 CFR 351.310(d). 24 ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. 25 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has conducted an expedited (120-day) fourth sunset review of the antidumping duty order on gray portland cement and cement clinker (cement and clinker) from Japan. As a result of this fourth sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: March 6, 2017. FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482–3927. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2016, the Department published a notice of initiation of the fourth sunset review of the antidumping duty order on cement and clinker from Japan.1 On November 16, 2016, the Department received a Notice of Intent to Participate in this review from the Committee for Fairly Traded Japanese Cement (Petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i).2 Petitioners claimed interested-party status under section 771(9)(E) of the Tariff Act of 1930, as amended (the Act), as a trade or business association, a majority of whose members manufacture, produce or wholesale a domestic like product in the United States. We received a complete substantive response from Petitioners within the 30day deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 81 FR 75808 (November 1, 2016). 2 See Letter to the Secretary of Commerce from Petitioners, re: ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Gray Portland Cement and Cement Clinker from Japan: The Domestic Industry’s Notice of Intent to Participate in Sunset Review,’’ dated November 16, 2016. 3 See Letter to the Secretary of Commerce from Petitioners, re: ‘‘Fourth Five-Year (‘Sunset’) Review PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 12561 responses from respondent interested parties. As a result, the Department conducted an expedited sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Order The products covered by the order are cement and cement clinker from Japan. Cement is a hydraulic cement and the primary component of concrete. Cement clinker, an intermediate material produced when manufacturing cement, has no use other than grinding into finished cement. Microfine cement was specifically excluded from the antidumping duty order. Cement is currently classifiable under the Harmonized Tariff Schedule (HTS) item number 2523.29 and cement clinker is currently classifiable under HTS item number 2523.10. Cement has also been entered under HTS item number 2523.90 as ‘‘other hydraulic cements.’’ The HTS item numbers are provided for convenience and customs purposes. The written product description remains dispositive as to the scope of the product covered by the order.4 Analysis of Comments Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum.5 The Issues and 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 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 of The Antidumping Duty Order on Gray Portland Cement and Cement Clinker from Japan/The Domestic Industry’s Substantive Response to the Notice of Initiation,’’ dated December 1, 2016. 4 The Department has made two scope rulings regarding subject merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G and H of oil well cement are within the scope of the order), and Scope Rulings, 58 FR 27542 (May 10, 1993) (‘‘Nittetsu Super Fine’’ cement is not within the scope of the order). 5 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order on Gray Portland Cement and Clinker from Japan,’’ dated concurrently and hereby adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\06MRN1.SGM 06MRN1 12562 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on cement and clinker from Japan would be likely to lead to continuation or recurrence of dumping at weighted-average dumping margins up to 69.89 percent. Administrative Protective Order This notice also 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 the return of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This sunset review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–04262 Filed 3–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic products (solar products), from the People’s Republic of China (PRC). The period of review (POR) is June 10, 2014, through asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 December 31, 2015. Interested parties are invited to comment on these preliminary results. DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: Joseph Traw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6079. SUPPLEMENTARY INFORMATION: Background On February 18, 2015, the Department issued a countervailing duty (CVD) order on solar products from the PRC.1 Several interested parties requested that the Department conduct an administrative review of the countervailing duty order, and on April 7, 2016, the Department published in the Federal Register a notice of initiation of an administrative review of the CVD Order for 31 producers/ exporters for the POR.2 Scope of the Order The products covered by the order are certain crystalline silicon photovoltaic products from the PRC. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.3 Methodology The Department is conducting this CVD review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to 1 See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (CVD Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation Notice). 3 See ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 2014,’’ dated concurrently with this notice (Preliminary Decision Memorandum) and hereby adopted by this notice. 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.5 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 is available to all parties 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/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Intent To Partially Rescind the Administrative Review, and Partial Rescission of Administrative Review For an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate.6 Thus, it is the Department’s practice to rescind an administrative review when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.7 We preliminarily find that BYD (Shangluo) Industrial Co., Ltd. had no reviewable entries subject to the CVD Order and, consistent with our practice, the Department intends to rescind its review of BYD, consistent with 19 CFR 351.213(d)(3). We invite parties to comment on this preliminary intent to rescind and will consider any comments received for the final results. Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Yingli Energy 5 A list of topics discussed in the Preliminary Decision Memorandum can be found as an appendix to this notice. 6 See section 751(a)(2)(A) of the Act (stating that an administrative review determines the normal value, export price or constructed export price, and dumping margin of an ‘‘entry’’); 19 CFR 351.212(b)(1) (At the end of the administrative review, the suspended entries are liquidated at the assessment rate computed for the review period). 7 See, e.g., Certain Tissue Paper Products from the People’s Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 73 FR 18497, 18499–18500 (April 4, 2008) (unchanged in final); Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012), and accompanying IDM at Issue 2. E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12561-12562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04262]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Cement Clinker From Japan: Final Results 
of Expedited Fourth Sunset Review of the Antidumping Duty Order

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

SUMMARY: The Department of Commerce (the Department) has conducted an 
expedited (120-day) fourth sunset review of the antidumping duty order 
on gray portland cement and cement clinker (cement and clinker) from 
Japan. As a result of this fourth sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Effective Date: March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 
20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2016, the Department published a notice of 
initiation of the fourth sunset review of the antidumping duty order on 
cement and clinker from Japan.\1\ On November 16, 2016, the Department 
received a Notice of Intent to Participate in this review from the 
Committee for Fairly Traded Japanese Cement (Petitioners) within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\2\ Petitioners claimed 
interested-party status under section 771(9)(E) of the Tariff Act of 
1930, as amended (the Act), as a trade or business association, a 
majority of whose members manufacture, produce or wholesale a domestic 
like product in the United States.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
75808 (November 1, 2016).
    \2\ See Letter to the Secretary of Commerce from Petitioners, 
re: ``Five-Year (`Sunset') Review of Antidumping Duty Order on Gray 
Portland Cement and Cement Clinker from Japan: The Domestic 
Industry's Notice of Intent to Participate in Sunset Review,'' dated 
November 16, 2016.
---------------------------------------------------------------------------

    We received a complete substantive response from Petitioners within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\3\ We 
received no responses from respondent interested parties. As a result, 
the Department conducted an expedited sunset review of the order, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \3\ See Letter to the Secretary of Commerce from Petitioners, 
re: ``Fourth Five-Year (`Sunset') Review of The Antidumping Duty 
Order on Gray Portland Cement and Cement Clinker from Japan/The 
Domestic Industry's Substantive Response to the Notice of 
Initiation,'' dated December 1, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are cement and cement clinker 
from Japan. Cement is a hydraulic cement and the primary component of 
concrete. Cement clinker, an intermediate material produced when 
manufacturing cement, has no use other than grinding into finished 
cement. Microfine cement was specifically excluded from the antidumping 
duty order. Cement is currently classifiable under the Harmonized 
Tariff Schedule (HTS) item number 2523.29 and cement clinker is 
currently classifiable under HTS item number 2523.10. Cement has also 
been entered under HTS item number 2523.90 as ``other hydraulic 
cements.'' The HTS item numbers are provided for convenience and 
customs purposes. The written product description remains dispositive 
as to the scope of the product covered by the order.\4\
---------------------------------------------------------------------------

    \4\ The Department has made two scope rulings regarding subject 
merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G 
and H of oil well cement are within the scope of the order), and 
Scope Rulings, 58 FR 27542 (May 10, 1993) (``Nittetsu Super Fine'' 
cement is not within the scope of the order).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum.\5\ The Issues and 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 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

[[Page 12562]]

Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from James Maeder, Senior 
Director, Office I, Antidumping and Countervailing Duty Operations, 
``Issues and Decision Memorandum for the Final Results of the 
Expedited Fourth Sunset Review of the Antidumping Duty Order on Gray 
Portland Cement and Clinker from Japan,'' dated concurrently and 
hereby adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the antidumping duty order on cement and 
clinker from Japan would be likely to lead to continuation or 
recurrence of dumping at weighted-average dumping margins up to 69.89 
percent.

Administrative Protective Order

    This notice also 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 the return of destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), and 777(i)(1) of the Act.

    Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04262 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P