Silicomanganese From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 21521-21522 [2017-09354]
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
countervailable subsidy likely to prevail
should the orders be revoked.2
On April 21, 2017, the ITC published
its determination, pursuant to section
751(c) of the Act, that revocation of the
existing AD orders on sulfanilic acid
from India and the PRC and the CVD
order on sulfanilic acid from India
would be likely to lead to a continuation
or recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.3
Scope of the Orders
mstockstill on DSK30JT082PROD with NOTICES
The merchandise covered by the AD
and CVD orders is all grades of
sulfanilic acid, which include technical
(or crude) sulfanilic acid, refined (or
purified) sulfanilic acid and sodium salt
of sulfanilic acid.
Sulfanilic acid is a synthetic organic
chemical produced from the direct
sulfonation of aniline with sulfuric acid.
Sulfanilic acid is used as a raw material
in the production of optical brighteners,
food colors, specialty dyes, and concrete
additives. The principal differences
between the grades are the undesirable
quantities of residual aniline and alkali
insoluble materials present in the
sulfanilic acid. All grades are available
as dry, free flowing powders.
Technical sulfanilic acid, classifiable
under the subheading 2921.42.22 of the
Harmonized Tariff Schedule (HTS),
contains 96 percent minimum sulfanilic
acid, 1.0 percent maximum aniline, and
1.0 percent maximum alkali insoluble
materials. Refined sulfanilic acid, also
classifiable under the subheading
2921.42.22 of the HTS, contains 98
percent minimum sulfanilic acid, 0.5
percent maximum aniline and 0.25
percent maximum alkali insoluble
materials.
Sodium salt (sodium sulfanilate),
classifiable under the HTS subheading
2921.42.90, is a powder, granular or
crystalline material which contains 75
percent minimum equivalent sulfanilic
acid, 0.5 percent maximum aniline
based on the equivalent sulfanilic acid
content, and 0.25 percent maximum
alkali insoluble materials based on the
equivalent sulfanilic acid content.
Although the HTS subheadings are
provided for convenience and customs
2 See Sulfanilic Acid from India and the People’s
Republic of China: Final Results of Expedited
Fourth Sunset Reviews of Antidumping Duty
Orders, 82 FR 1321 (January 5, 2017); Sulfanilic
Acid From India: Final Results of Expedited Sunset
Review of the Countervailing Duty Order, 82 FR
1693 (January 6, 2017).
3 See USITC Publication USITC Publication 4680,
April 2017, Sulfanilic Acid from China and India:
Inv. Nos. 701–TA–318 and 731–TA–538 and 561
(Fourth Review). See also Sulfanilic Acid from
China and India, 82 FR 18776 (April 21, 2017).
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18:19 May 08, 2017
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purposes, our written description of the
scope of these orders is dispositive.4
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD orders on
sulfanilic acid from the PRC and India
and the CVD order from India would be
likely to lead to a continuation or
recurrence of dumping and a
countervailable subsidy and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the AD orders on
sulfanilic acid from the PRC and India,
and the CVD order on sulfanilic acid
from India. U.S. Customs and Border
Protection will continue to collect cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year review of the orders not
later than 30 days prior to the fifth
anniversary of the effective date of this
continuation.
These five-year (sunset) reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: May 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–09302 Filed 5–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–805]
Silicomanganese From Ukraine:
Preliminary Results of 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
AGENCY:
4 In response to a request from 3V Corporation, on
May 5, 1999, the Department clarified that sodium
sulfanilate processed in Italy from sulfanilic acid
produced in India is within the scope of the AD and
CVD orders on sulfanilic acid from India. See
Notice of Scope Rulings, 65 FR 41957 (July 7, 2000).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
21521
silicomanganese from Ukraine. The
period of review (POR) is August 1,
2015, through July 31, 2016. The review
covers two exporters of the subject
merchandise, PJSC Zaporozhye
Ferroalloy Plant (ZFP), and PJSC
Nikopol Ferroalloy Plant (NFP). The
Department preliminarily finds, based
on the application of adverse facts
available, that subject merchandise has
been sold in the United States at prices
below normal value during the POR.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0665.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by this order is
silicomanganese from Ukraine. Most
silicomanganese is currently classifiable
under subheading 7202.30.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Some
silicomanganese may also currently be
classifiable under HTSUS subheading
7202.99.8040. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description is dispositive. A full
description of the scope of the order is
contained in the Preliminary Decision
Memorandum.1
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of the topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is made
available to the public via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
1 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, entitled,
‘‘Decision Memorandum for the Preliminary Results
in the Administrative Review of the Antidumping
Duty Order on Silicomanganese from Ukraine;
2015–2016,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\09MYN1.SGM
09MYN1
21522
Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
at https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum is
available at https://
enforcement.trade.gov/frn/.
Adverse Facts Available
Because the mandatory respondents
ZFP and NFP failed to provide
requested information, we preliminarily
determine to apply adverse facts
available (AFA) to these companies, in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. For
further discussion, see the Preliminary
Decision Memorandum.
Preliminary Results of Administrative
Review
We preliminary determine that the
following weighted-average dumping
margins exist for the respondents for the
period of August 1, 2015, through July
31, 2016:
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance. Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
All documents submitted to the
Department must normally be filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.5
The Department will issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Exporter/producer
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
PJSC Zaporozhye Ferroalloy
appropriate entries covered by this
Plant ......................................
163.00 review. For the final results, if we
PJSC Nikopol Ferroalloy Plant
163.00 continue to rely on adverse facts
available to establish ZFP’s and NFP’s
Disclosure and Public Comment
weighted-average dumping margins we
Normally, the Department discloses to will instruct CBP to apply an ad
valorem assessment rate of 163.00
interested parties the calculations
percent to all entries of subject
performed in connection with a
preliminary results of review within five merchandise during the POR which
were exported by ZFP and NFP. We
days of the date of publication of the
intend to issue instructions to CBP 15
notice of preliminary results of review
days after the publication date of the
in the Federal Register, in accordance
final results of this review.
with 19 CFR 351.224(b). However,
because the Department preliminarily
Cash Deposit Requirements
determined each respondent’s weightedThe following cash deposit
average dumping margin based on AFA,
as described in the Preliminary Decision requirements will be effective upon
Memorandum, there are no calculations publication of the notice of final results
of administrative review for all
to disclose. This meets our regulatory
shipments of the subject merchandise
obligation.
entered, or withdrawn from warehouse,
Interested parties may submit case
for consumption on or after the
briefs no later than 30 days after the
publication date of the final results of
date of publication of this notice.2
this administrative review, as provided
Rebuttal briefs, limited to issues raised
by section 751(a)(2)(C) of the Act: (1)
in the case briefs, may be filed not later
The cash deposit rates for subject
than five days after the date for filing
merchandise exported by ZFP and NFP
case briefs.3 Parties who submit case
will be equal to the weighted-average
briefs or rebuttal briefs in this
dumping margins established in the
proceeding are encouraged to submit
final results of this administrative
with each argument: (1) A statement of
review; (2) for merchandise exported by
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.4 producers or exporters not covered in
this administrative review but covered
2 See 19 CFR 351.309(c)(ii).
in a prior segment of the proceeding, the
mstockstill on DSK30JT082PROD with NOTICES
Weightedaverage
dumping
margin
(percent)
3 See
4 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
VerDate Sep<11>2014
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Jkt 241001
5 See
PO 00000
19 CFR 351.310(c).
Frm 00021
Fmt 4703
Sfmt 9990
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 163.00
percent, the all-others rate established
in the investigation.6 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The Department is issuing and
publishing these preliminary results of
review in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: May 3, 2017.
Ronald K. Lorentzen
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum:
1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Available and Adverse
Inferences
5. Recommendation
[FR Doc. 2017–09354 Filed 5–8–17; 8:45 am]
BILLING CODE 3510–DS–P
6 See Suspension Agreement on Silicomanganese
from Ukraine; Termination of Suspension
Agreement and Notice of Antidumping Duty Order,
66 FR 43838 (August 21, 2001) (clarifying that the
‘‘Ukraine-Wide Rate’’ of 163 percent applies to all
producers and exporters of subject silicomanganese
not specifically listed in Notice of Final
Determination of Sales at Less Than Fair Value:
Silicomanganese from Ukraine, 59 FR 62711
(December 6, 1994) (where an AFA rate of 163
percent was applied to ZFP and NFP, the
mandatory respondents in the original
investigation).
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Notices]
[Pages 21521-21522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09354]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-805]
Silicomanganese From Ukraine: Preliminary Results of Antidumping
Duty Administrative Review; 2015-2016
AGENCY: 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 silicomanganese
from Ukraine. The period of review (POR) is August 1, 2015, through
July 31, 2016. The review covers two exporters of the subject
merchandise, PJSC Zaporozhye Ferroalloy Plant (ZFP), and PJSC Nikopol
Ferroalloy Plant (NFP). The Department preliminarily finds, based on
the application of adverse facts available, that subject merchandise
has been sold in the United States at prices below normal value during
the POR.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-0665.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by this order is silicomanganese from Ukraine.
Most silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Some silicomanganese may also currently be classifiable under
HTSUS subheading 7202.99.8040. While the HTSUS subheadings are provided
for convenience and customs purposes, the written description is
dispositive. A full description of the scope of the order is contained
in the Preliminary Decision Memorandum.\1\
---------------------------------------------------------------------------
\1\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled, ``Decision Memorandum for the
Preliminary Results in the Administrative Review of the Antidumping
Duty Order on Silicomanganese from Ukraine; 2015-2016,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of the topics included in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users
[[Page 21522]]
at https://access.trade.gov, and it is available to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum is available at https://enforcement.trade.gov/frn/.
Adverse Facts Available
Because the mandatory respondents ZFP and NFP failed to provide
requested information, we preliminarily determine to apply adverse
facts available (AFA) to these companies, in accordance with sections
776(a) and (b) of the Act and 19 CFR 351.308. For further discussion,
see the Preliminary Decision Memorandum.
Preliminary Results of Administrative Review
We preliminary determine that the following weighted-average
dumping margins exist for the respondents for the period of August 1,
2015, through July 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PJSC Zaporozhye Ferroalloy Plant........................... 163.00
PJSC Nikopol Ferroalloy Plant.............................. 163.00
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary results of
review within five days of the date of publication of the notice of
preliminary results of review in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because the Department preliminarily
determined each respondent's weighted-average dumping margin based on
AFA, as described in the Preliminary Decision Memorandum, there are no
calculations to disclose. This meets our regulatory obligation.
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\2\ 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.\3\ 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.\4\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.309(c)(ii).
\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance. Requests should contain: (1)
The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs.
All documents submitted to the Department must normally be filed
electronically via ACCESS. An electronically filed document must be
received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For the final
results, if we continue to rely on adverse facts available to establish
ZFP's and NFP's weighted-average dumping margins we will instruct CBP
to apply an ad valorem assessment rate of 163.00 percent to all entries
of subject merchandise during the POR which were exported by ZFP and
NFP. We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for subject
merchandise exported by ZFP and NFP will be equal to the weighted-
average dumping margins established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 163.00 percent, the all-
others rate established in the investigation.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\6\ See Suspension Agreement on Silicomanganese from Ukraine;
Termination of Suspension Agreement and Notice of Antidumping Duty
Order, 66 FR 43838 (August 21, 2001) (clarifying that the ``Ukraine-
Wide Rate'' of 163 percent applies to all producers and exporters of
subject silicomanganese not specifically listed in Notice of Final
Determination of Sales at Less Than Fair Value: Silicomanganese from
Ukraine, 59 FR 62711 (December 6, 1994) (where an AFA rate of 163
percent was applied to ZFP and NFP, the mandatory respondents in the
original investigation).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
The Department is issuing and publishing these preliminary results
of review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 3, 2017.
Ronald K. Lorentzen
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Available and Adverse Inferences
5. Recommendation
[FR Doc. 2017-09354 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-DS-P
