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]

Download as PDF 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to secure the payment of estimated antidumping duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after June 21, 2016 (i.e., 90 days prior to the date of the publication of the AD Preliminary Determination), but before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 http://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 http://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 http:// 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 http:// 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 Frm 00008 Fmt 4703 Sfmt 4703 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]


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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 http://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 http://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 http://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\
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    \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