Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws, 16162-16163 [2017-06535]
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<![CDATA[
16162
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices
Weightedaverage
dumping
margin
(%)
Exporter
Producer
Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd ...........
PRC-Wide Entity ...........................................................
Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd ...........
PRC-Wide Entity ...........................................................
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of stainless sheet and strip from
the PRC, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after June 21, 2016 (i.e., 90 days prior to
the date of the publication of the AD
Preliminary Determination), but before
September 19, 2016 (i.e., the date of
publication of the AD Preliminary
Determination).
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
stainless sheet and strip from the PRC,
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Attachment I—Scope of the Orders
The merchandise covered by this order is
stainless steel sheet and strip, whether in
coils or straight lengths. 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 sheet and strip is a flatrolled product with a width that is greater
than 9.5 mm and with a thickness of 0.3048
mm and greater but less than 4.75 mm, and
that is annealed or otherwise heat treated,
and pickled or otherwise descaled. The
subject sheet and strip may also be further
processed (e.g., cold-rolled, annealed,
tempered, polished, aluminized, coated,
painted, varnished, trimmed, cut, punched,
or slit, etc.) provided that it maintains the
specific dimensions of sheet and strip set
forth above following such processing. The
products described include products
regardless of shape, and include products of
either rectangular or non-rectangular crosssection where such cross-section is achieved
VerDate Sep<11>2014
18:32 Mar 31, 2017
Jkt 241001
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above: (1) Where the
nominal and actual measurements vary, a
product is within the scope if application of
either the nominal or actual measurement
would place it within the scope based on the
definitions set forth above; and (2) where the
width and thickness vary for a specific
product (e.g., the thickness of certain
products with non-rectangular cross-section,
the width of certain products with nonrectangular shape, etc.), the measurement at
its greatest width or thickness applies.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of this order unless specifically
excluded.
Subject merchandise includes stainless
steel sheet and strip that has been further
processed in a third country, including but
not limited to cold-rolling, annealing,
tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the order
if performed in the country of manufacture
of the stainless steel sheet and strip.
Excluded from the scope of this order are
the following: (1) Sheet and strip that is not
annealed or otherwise heat treated and not
pickled or otherwise descaled; (2) plate (i.e.,
flat-rolled stainless steel products of a
thickness of 4.75 mm or more); and (3) flat
wire (i.e., cold-rolled sections, with a mill
edge, rectangular in shape, of a width of not
more than 9.5 mm).
The products under order are currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.13.0081, 7219.14.0030,
7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044,
7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025,
7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060,
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Cash deposit
(%)
63.86
45.26
63.86
76.64
45.26
58.04
7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080,
7220.20.7005, 7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
[FR Doc. 2017–06488 Filed 3–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 170328324–7324–01; A–570–
053]
Certain Aluminum Foil From the
People’s Republic of China: Notice of
Initiation of Inquiry Into the Status of
the People’s Republic of China as a
Nonmarket Economy Country Under
the Antidumping and Countervailing
Duty Laws
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and request
for public comment and information.
AGENCY:
As part of the less-than-fairvalue investigation of certain aluminum
foil from the People’s Republic of China
(PRC), the Department of Commerce
(Department) is initiating an inquiry
into whether the PRC should continue
to be treated as a nonmarket economy
(NME) country under the antidumping
and countervailing duty laws. As part of
this inquiry, the Department is seeking
public comment and information with
respect to the factors to be considered
under the Tariff Act of 1930, as
amended (the Act).
DATES: To be assured of consideration,
written comments and information must
be received no later than May 3, 2017.
ADDRESSES: You may submit comments
and information by either of the
following methods:
• Federal eRulemaking Portal:
www.Regulations.gov. The identification
number is ITA–2017–0002.
• Postal Mail/Commercial Delivery to
Leah Wils-Owens, Department of
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices
Commerce, Enforcement and
Compliance, Room 3720, 1401
Constitution Avenue NW., Washington,
DC and reference ‘‘Inquiry Into the
Status of the People’s Republic of China
as a Nonmarket Economy Country
Under the Antidumping and
Countervailing Duty Laws, ITA–2017–
0002’’ in the subject line.
Instructions: You must submit
comments by one of the above methods
to ensure that the comments are
received and considered. 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. All comments and
information received are a part of the
public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information. Any
comments and information must be in
English or be accompanied by English
translations to be considered. The
Department will accept anonymous
comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only. Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/ITA-2017-0002.
FOR FURTHER INFORMATION CONTACT:
Albert Hsu at (202) 482–4491 or Daniel
Calhoun at (202) 482–1439.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES
Background
Section 771(18)(A) of the Act defines
the term ‘‘nonmarket economy country’’
as any foreign country determined by
the Department not to ‘‘operate on
market principles of cost or pricing
structures, so that sales of merchandise
in such country do not reflect the fair
value of the merchandise.’’
The Department has treated the PRC
as an NME country in all past
antidumping duty investigations and
administrative reviews. See, e.g.,
Seamless Refined Copper Pipe and Tube
From the People’s Republic of China:
Preliminary Results and Partial
Rescission of Administrative Review;
2012–2013, 79 FR 71089 (December 1,
2014), unchanged in Seamless Refined
Copper Pipe and Tube From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2012–2013, 80
VerDate Sep<11>2014
18:32 Mar 31, 2017
Jkt 241001
FR 32087 (June 5, 2015); Notice of Final
Determination of Sales at Less Than
Fair Value, and Affirmative Critical
Circumstances, In Part: Certain Lined
Paper Products From the People’s
Republic of China, 71 FR 53079
(September 8, 2006); Final
Determination of Sales at Less than Fair
Value: Certain Paper Clips from the
People’s Republic of China, 59 FR 51168
(October 7, 1994). The Department last
reviewed the PRC’s NME status in 2006
and determined to continue to treat the
PRC as an NME country. See
Memorandum for David M. Spooner,
Assistant Secretary for Import
Administration, ‘‘Antidumping Duty
Investigation of Certain Lined Paper
Products from the People’s Republic of
China (‘China’)—China’s Status as a
Non-Market Economy (‘NME’)’’ (August
30, 2006) (2006 PRC NME
Determination), available at https://
enforcement.trade.gov/download/prcnme-status/prc-lined-paper-memo08302006.pdf.
Initiation of Inquiry
As part of the less-than-fair-value
investigation of certain aluminum foil
from the People’s Republic of China,1
and pursuant to its authority under
section 771(18)(C)(ii) of the Act, which
states that the Department may make a
determination with respect to a
country’s NME status ‘‘at any time,’’ the
Department is initiating an inquiry into
the PRC’s status as an NME country.
The Department intends to issue its
final determination regarding this
review of the PRC’s NME status prior to
the issuance of the Department’s
preliminary determination in this
investigation.2
The Department is conducting this
inquiry to solicit and collect the most
recent information following the
December 11, 2016, change in the PRC’s
Protocol of Accession to the World
Trade Organization. This inquiry is
being conducted solely pursuant to
section 771(18) of the Act. Until such
time that the Department’s
determination of the PRC as an NME
country may be revoked as set forth in
section 771(18)(C)(i) of the Act, the PRC
remains a nonmarket economy under
the antidumping and countervailing
duty laws.
1 See Certain Aluminum Foil from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, signed March 28, 2017.
2 Once the Department issues its final
determination regarding this inquiry into the PRC’s
status as an NME country, the Department will
consider whether to seek additional information
from interested parties to the investigation for
purposes of calculating normal value.
PO 00000
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Fmt 4703
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16163
Opportunity for Public Comment and
Information
As part of this inquiry to review the
PRC’s NME status, the Department is
interested in receiving public comment
and information with respect to the PRC
on the following factors enumerated by
section 771(18)(B) of the Act, which the
Department must take into account in
making a market/nonmarket economy
determination:
(i) The extent to which the currency
of the foreign country is convertible into
the currency of other countries;
(ii) the extent to which wage rates in
the foreign country are determined by
free bargaining between labor and
management;
(iii) the extent to which joint ventures
or other investments by firms of other
foreign countries are permitted in the
foreign country;
(iv) the extent of government
ownership or control of the means of
production;
(v) the extent of government control
over allocation of resources and over
price and output decisions of
enterprises; and
(vi) such other factors as the
administering authority considers
appropriate.
As specified above, to be assured of
consideration, any comments and
information must be received no later
than May 3, 2017.
This notice is issued and published
pursuant to section 771(18)(C)(ii) of the
Act.
Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–06535 Filed 3–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16162-16163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06535]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 170328324-7324-01; A-570-053]
Certain Aluminum Foil From the People's Republic of China: Notice
of Initiation of Inquiry Into the Status of the People's Republic of
China as a Nonmarket Economy Country Under the Antidumping and
Countervailing Duty Laws
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and request for public comment and
information.
-----------------------------------------------------------------------
SUMMARY: As part of the less-than-fair-value investigation of certain
aluminum foil from the People's Republic of China (PRC), the Department
of Commerce (Department) is initiating an inquiry into whether the PRC
should continue to be treated as a nonmarket economy (NME) country
under the antidumping and countervailing duty laws. As part of this
inquiry, the Department is seeking public comment and information with
respect to the factors to be considered under the Tariff Act of 1930,
as amended (the Act).
DATES: To be assured of consideration, written comments and information
must be received no later than May 3, 2017.
ADDRESSES: You may submit comments and information by either of the
following methods:
Federal eRulemaking Portal: www.Regulations.gov. The
identification number is ITA-2017-0002.
Postal Mail/Commercial Delivery to Leah Wils-Owens,
Department of
[[Page 16163]]
Commerce, Enforcement and Compliance, Room 3720, 1401 Constitution
Avenue NW., Washington, DC and reference ``Inquiry Into the Status of
the People's Republic of China as a Nonmarket Economy Country Under the
Antidumping and Countervailing Duty Laws, ITA-2017-0002'' in the
subject line.
Instructions: You must submit comments by one of the above methods
to ensure that the comments are received and considered. 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. All
comments and information received are a part of the public record and
will generally be posted to https://www.regulations.gov without change.
All Personal Identifying Information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit Confidential Business Information or otherwise sensitive or
protected information. Any comments and information must be in English
or be accompanied by English translations to be considered. The
Department will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous). Attachments to
electronic comments will be accepted in Microsoft Word, Excel, or Adobe
PDF file formats only. Supporting documents and any comments we receive
on this docket may be viewed at https://www.regulations.gov/ITA-2017-0002.
FOR FURTHER INFORMATION CONTACT: Albert Hsu at (202) 482-4491 or Daniel
Calhoun at (202) 482-1439.
SUPPLEMENTARY INFORMATION:
Background
Section 771(18)(A) of the Act defines the term ``nonmarket economy
country'' as any foreign country determined by the Department not to
``operate on market principles of cost or pricing structures, so that
sales of merchandise in such country do not reflect the fair value of
the merchandise.''
The Department has treated the PRC as an NME country in all past
antidumping duty investigations and administrative reviews. See, e.g.,
Seamless Refined Copper Pipe and Tube From the People's Republic of
China: Preliminary Results and Partial Rescission of Administrative
Review; 2012-2013, 79 FR 71089 (December 1, 2014), unchanged in
Seamless Refined Copper Pipe and Tube From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2012-
2013, 80 FR 32087 (June 5, 2015); Notice of Final Determination of
Sales at Less Than Fair Value, and Affirmative Critical Circumstances,
In Part: Certain Lined Paper Products From the People's Republic of
China, 71 FR 53079 (September 8, 2006); Final Determination of Sales at
Less than Fair Value: Certain Paper Clips from the People's Republic of
China, 59 FR 51168 (October 7, 1994). The Department last reviewed the
PRC's NME status in 2006 and determined to continue to treat the PRC as
an NME country. See Memorandum for David M. Spooner, Assistant
Secretary for Import Administration, ``Antidumping Duty Investigation
of Certain Lined Paper Products from the People's Republic of China
(`China')--China's Status as a Non-Market Economy (`NME')'' (August 30,
2006) (2006 PRC NME Determination), available at https://enforcement.trade.gov/download/prc-nme-status/prc-lined-paper-memo-08302006.pdf.
Initiation of Inquiry
As part of the less-than-fair-value investigation of certain
aluminum foil from the People's Republic of China,\1\ and pursuant to
its authority under section 771(18)(C)(ii) of the Act, which states
that the Department may make a determination with respect to a
country's NME status ``at any time,'' the Department is initiating an
inquiry into the PRC's status as an NME country. The Department intends
to issue its final determination regarding this review of the PRC's NME
status prior to the issuance of the Department's preliminary
determination in this investigation.\2\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, signed
March 28, 2017.
\2\ Once the Department issues its final determination regarding
this inquiry into the PRC's status as an NME country, the Department
will consider whether to seek additional information from interested
parties to the investigation for purposes of calculating normal
value.
---------------------------------------------------------------------------
The Department is conducting this inquiry to solicit and collect
the most recent information following the December 11, 2016, change in
the PRC's Protocol of Accession to the World Trade Organization. This
inquiry is being conducted solely pursuant to section 771(18) of the
Act. Until such time that the Department's determination of the PRC as
an NME country may be revoked as set forth in section 771(18)(C)(i) of
the Act, the PRC remains a nonmarket economy under the antidumping and
countervailing duty laws.
Opportunity for Public Comment and Information
As part of this inquiry to review the PRC's NME status, the
Department is interested in receiving public comment and information
with respect to the PRC on the following factors enumerated by section
771(18)(B) of the Act, which the Department must take into account in
making a market/nonmarket economy determination:
(i) The extent to which the currency of the foreign country is
convertible into the currency of other countries;
(ii) the extent to which wage rates in the foreign country are
determined by free bargaining between labor and management;
(iii) the extent to which joint ventures or other investments by
firms of other foreign countries are permitted in the foreign country;
(iv) the extent of government ownership or control of the means of
production;
(v) the extent of government control over allocation of resources
and over price and output decisions of enterprises; and
(vi) such other factors as the administering authority considers
appropriate.
As specified above, to be assured of consideration, any comments and
information must be received no later than May 3, 2017.
This notice is issued and published pursuant to section
771(18)(C)(ii) of the Act.
Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-06535 Filed 3-31-17; 8:45 am]
BILLING CODE 3510-DS-P
