Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods From Ukraine, 32681-32682 [2017-14953]

Download as PDF Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices Background List of Comments from Interested Parties Scope of the Order Correction to the Preliminary Results Changes Since the Preliminary Results Partial Rescission of Administrative Review Non-Selected Companies Under Review Subsidies Valuation Information Allocation Period Attribution of Subsidies Denominators Creditworthiness Benchmarks and Discount Rates Use of Facts Otherwise Available and Adverse Inferences Programs Determined To Be Countervailable Programs Determined To Be not Countervailable During the POR Programs Determined Not To Be Used or Not To Confer Measurable Benefits Analysis of Comments Comment 1: Usage of Export Buyer’s Credit Program Comment 2: Selection of the Adverse Facts Available (AFA) Rate for Export Buyer’s Credit Program Comment 3: Whether the Aluminum Extrusions for Less Than Adequate Remuneration (LTAR) Program Is Specific Comment 4: Aluminum Extrusions Benchmark Comment 5: Solar Glass Benchmark Comment 6: Polysilicon Benchmark Comment 7: Ocean Freight Benchmark Comment 8: Inland Freight Benchmarks Comment 9: Inclusion of Value Added Tax (VAT) in LTAR Benchmarks Comment 10: Electricity for LTAR Comment 11: Creditworthiness Comment 12: Whether the Department Should Adjust the Benefit Calculation for the Preferential Policy Lending Program Comment 13: Canadian Solar’s Benefit From the Golden Sun Demonstration Program Comment 14: Whether the Export Credit Insurance Program is Countervailable Comment 15: Clerical Errors in the Preliminary Results Recommendation Appendix—Non-Selected Companies Under Review asabaliauskas on DSKBBXCHB2PROD with NOTICES Appendix II List of Companies for Which We are Rescinding This Administrative Review 20 1. Baoding Jiasheng Photovoltaic Technology Co. Ltd. 2. Baoding Tianwei Yingli New Energy Resources Co., Ltd. 3. Beijing Tianneng Yingli New Energy Resources Co. Ltd. 4. ERA Solar Co. Limited 5. Hainan Yingli New Energy Resources Co., Ltd. 6. Hengshui Yingli New Energy Resources Co., Ltd. 7. JA Solar Technology Yangzhou Co., Ltd. 8. JingAo Solar Co., Ltd. 9. Jinko Solar Co., Ltd. 20 See Issues and Decision Memorandum at the section, ‘‘Partial Rescission of Administrative Review.’’ VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 10. Jinko Solar Import and Export Co., Ltd. 11. JinkoSolar International Limited 12. JinkoSolar (U.S.) Inc. 13. Lixian Yingli New Energy Resources Co., Ltd. 14. Shanghai JA Solar Technology Co., Ltd. 15. Tianjin Yingli New Energy Resources Co., Ltd. 16. Yingli Energy (China) Co., Ltd. 17. Yingli Green Energy Holding Company Limited 18. Yingli Green Energy International Trading Company Limited 19. Zhejiang Jinko Solar Co., Ltd. 20. Zhejiang Sunflower Light Energy Science & Technology Liability Company Appendix III List of Non-Selected Companies Under Review 1. BYD (Shangluo) Industrial Co., Ltd. 2. Chint Solar (Zhejiang) Co., Ltd. 3. ET Solar Energy Limited 4. ET Solar Industry Limited 5. Hangzhou Sunny Energy Science and Technology Co., Ltd. 6. Jiawei Solarchina Co., Ltd. 7. Jiawei Solarchina (Shenzhen) Co., Ltd. 8. Lightway Green New Energy Co., Ltd. 9. Luoyang Suntech Power Co., Ltd. 10. Ningbo Qixin Solar Electrical Appliance Co., Ltd. 11. Shanghai BYD Co., Ltd. 12. Shenzhen Topray Solar Co. Ltd. 13. Systemes Versilis, Inc. 14. Taizhou BD Trade Co., Ltd. 15. tenKsolar (Shanghai) Co., Ltd. 16. Toenergy Technology Hangzhou Co., Ltd. 17. Wuxi Suntech Power Co., Ltd. [FR Doc. 2017–14957 Filed 7–14–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–815] Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods From Ukraine Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Applicable July 10, 2017. The Department of Commerce (the Department) and a representative of the Ukrainian signatory producer/ exporter of certain oil country tubular goods (OCTG) from Ukraine, Interpipe, have signed an amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods from Ukraine (Agreement). The amendment to the Agreement extends the Agreement for one additional year, specifying that the Agreement shall terminate four years after the effective DATES: SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 32681 date of the original agreement, on July 10, 2018. FOR FURTHER INFORMATION CONTACT: Sally Craig Gannon or David Cordell at (202) 482–0162 or (202) 482–0408, respectively; Bilateral Agreements Unit, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background As signed on July 10, 2014, Section H of the Agreement stated that, ‘‘{t}his Agreement shall terminate three years after the effective date of this Agreement, on July 10, 2017.’’ 1 On December 9, 2016, the Ukrainian signatory producer/exporter Interpipe 2 requested that the Agreement be extended by five years, to July 10, 2022.3 On December 22, 2016, the Department invited interested parties to comment on the extension request.4 On January 13, 2017, the Petitioners 5 filed a letter in opposition to the request to extend the Agreement.6 On May 19, 2017, the Department informed Interpipe that it was denying Interpipe’s request to extend the Agreement by five years.7 The Department stated that it had reviewed Interpipe’s request and the comments received from interested parties and that it intended to follow the current terms of the Agreement by proceeding to issue an antidumping duty order on July 10, 2017. Subsequently, the Department reconsidered its decision and, on July 10, 2017, met with counsel to the Petitioners to discuss the possible 1 See Suspension of Antidumping Investigation: Certain Oil Country Tubular Goods from Ukraine, 79 FR 41959 (July 18, 2014). 2 Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube; North American Interpipe, Inc. (collectively Interpipe). 3 See Letter from Interpipe, entitled ‘‘Antidumping Duty Suspension Agreement on Certain Oil Country Tubular Goods from Ukraine: Request to Extend the Suspension Agreement’’ (December 9, 2016). 4 See Memorandum to all interested parties inviting comments on the extension request (December 22, 2016). 5 Maverick Tube Corporation, United States Steel Corporation, Energex Tube, TMK IPSCO, and Welded Tube USA Inc. (collectively, Petitioners). 6 See Letter from the Petitioners entitled ‘‘Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods from Ukraine: Comments in Opposition to Interpipe’s Request to Extend Suspension Agreement’’ (January 13, 2017). 7 See Letter to Deen Kaplan from Ronald K. Lorentzen, re ‘‘Antidumping Duty Suspension Agreement on Certain Oil Country Tubular Goods from Ukraine: Request to Extend the Suspension Agreement’’ (May 19, 2017). E:\FR\FM\17JYN1.SGM 17JYN1 32682 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices extension of the Agreement.8 As a result of its reconsideration, the Department determined to grant Interpipe’s request, in part, and extend the Agreement by one year, based on the unique facts and circumstances in Ukraine which have affected Interpipe’s operations since the inception of the Agreement and are still ongoing.9 The Department and Interpipe, therefore, signed an amendment to the Agreement on July 10, 2017, extending the Agreement by an additional one-year period such that the Agreement will terminate, and the Department will issue an antidumping duty order, on July 10, 2018. The terms and conditions of the July 10, 2017 amendment to the Agreement are set forth in the Amendment to the Agreement, which is attached in Annex 1 to this notice. We are publishing this notice consistent with section 734(f)(1)(A) of the Tariff Act of 1930, as amended, and 19 CFR 351.208(g)(2). Dated: July 11, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSKBBXCHB2PROD with NOTICES Annex 1: Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods (OCTG) From Ukraine Amendment to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods From Ukraine The United States Department of Commerce (the Department) and the producers/exporters of Certain Oil Country Tubular Goods from Ukraine that are signatories to the Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods from Ukraine (Agreement), signed on July 10, 2014, hereby amend Section H of the Agreement, as follows: The first sentence of Section H is amended as follows (changes in italics): (H) Termination or Withdrawal This Agreement shall terminate four years after the effective date of this Agreement, on July 10, 2018. All other provisions of the Agreement, as amended, continue with full force. Signed on July 10, 2017, in Washington, DC by Gary Taverman, 8 See Memorandum to the File entitled ‘‘Meeting with Counsel to the Petitioners’’ (July 11, 2017). 9 See Interpipe’s submission, entitled ‘‘Agreement Suspending the Antidumping Duty Investigation on Certain Oil Country Tubular Goods from Ukraine: Rebuttal to Petitioners’ Comments in Opposition to Interpipe’s Request to Extend the Suspension Agreement’’ (January 23, 2017) at 2–6. VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Deen Kaplan, Counsel for Interpipe Europe S.A.; Interpipe Ukraine, LLC; PJSC Interpipe NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); LLC Interpipe Niko Tube; North American Interpipe, Inc. likely to prevail should the AD order be revoked. On July 5, 2017, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD order on cement and clinker from Japan would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 [FR Doc. 2017–14953 Filed 7–14–17; 8:45 am] 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 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Gray Portland Cement and Cement Clinker From Japan: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on gray portland cement and cement clinker (cement and clinker) from Japan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of this antidumping duty order. DATES: Applicable July 17, 2017. FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3927. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2016, the Department published the notice of initiation of the fourth sunset review of the antidumping duty order on cement and clinker from Japan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 As a result of its review, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping.2 The Department, therefore, notified the ITC of the magnitude of the margins 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 81 FR 75808 (November 1, 2016). 2 See Gray Portland Cement and Cement Clinker from Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 82 FR 12561 (March 6, 2017) (Final Results). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD order on cement and clinker from Japan. U.S. Customs and Border Protection will continue to collect AD 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 order 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 this order not later than 30 days prior to the fifth 3 See Gray Portland Cement and Cement Clinker from Japan; Determination, 82 FR 31068 (July 5, 2017); see also Gray Portland Cement and Cement Clinker from Japan: Investigation No. 731–TA–461 (Fourth Review), ITC Publication 4704 (June 2017). 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). E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32681-32682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14953]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-815]


Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods From Ukraine

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


DATES: Applicable July 10, 2017.

SUMMARY: The Department of Commerce (the Department) and a 
representative of the Ukrainian signatory producer/exporter of certain 
oil country tubular goods (OCTG) from Ukraine, Interpipe, have signed 
an amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods from Ukraine 
(Agreement). The amendment to the Agreement extends the Agreement for 
one additional year, specifying that the Agreement shall terminate four 
years after the effective date of the original agreement, on July 10, 
2018.

FOR FURTHER INFORMATION CONTACT: Sally Craig Gannon or David Cordell at 
(202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements 
Unit, Office of Policy, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    As signed on July 10, 2014, Section H of the Agreement stated that, 
``{t{time} his Agreement shall terminate three years after the 
effective date of this Agreement, on July 10, 2017.'' \1\ On December 
9, 2016, the Ukrainian signatory producer/exporter Interpipe \2\ 
requested that the Agreement be extended by five years, to July 10, 
2022.\3\ On December 22, 2016, the Department invited interested 
parties to comment on the extension request.\4\ On January 13, 2017, 
the Petitioners \5\ filed a letter in opposition to the request to 
extend the Agreement.\6\ On May 19, 2017, the Department informed 
Interpipe that it was denying Interpipe's request to extend the 
Agreement by five years.\7\ The Department stated that it had reviewed 
Interpipe's request and the comments received from interested parties 
and that it intended to follow the current terms of the Agreement by 
proceeding to issue an antidumping duty order on July 10, 2017.
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    \1\ See Suspension of Antidumping Investigation: Certain Oil 
Country Tubular Goods from Ukraine, 79 FR 41959 (July 18, 2014).
    \2\ Interpipe Europe S.A.; Interpipe Ukraine LLC; PJSC Interpipe 
NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); LLC 
Interpipe Niko Tube; North American Interpipe, Inc. (collectively 
Interpipe).
    \3\ See Letter from Interpipe, entitled ``Antidumping Duty 
Suspension Agreement on Certain Oil Country Tubular Goods from 
Ukraine: Request to Extend the Suspension Agreement'' (December 9, 
2016).
    \4\ See Memorandum to all interested parties inviting comments 
on the extension request (December 22, 2016).
    \5\ Maverick Tube Corporation, United States Steel Corporation, 
Energex Tube, TMK IPSCO, and Welded Tube USA Inc. (collectively, 
Petitioners).
    \6\ See Letter from the Petitioners entitled ``Agreement 
Suspending the Antidumping Duty Investigation on Certain Oil Country 
Tubular Goods from Ukraine: Comments in Opposition to Interpipe's 
Request to Extend Suspension Agreement'' (January 13, 2017).
    \7\ See Letter to Deen Kaplan from Ronald K. Lorentzen, re 
``Antidumping Duty Suspension Agreement on Certain Oil Country 
Tubular Goods from Ukraine: Request to Extend the Suspension 
Agreement'' (May 19, 2017).
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    Subsequently, the Department reconsidered its decision and, on July 
10, 2017, met with counsel to the Petitioners to discuss the possible

[[Page 32682]]

extension of the Agreement.\8\ As a result of its reconsideration, the 
Department determined to grant Interpipe's request, in part, and extend 
the Agreement by one year, based on the unique facts and circumstances 
in Ukraine which have affected Interpipe's operations since the 
inception of the Agreement and are still ongoing.\9\ The Department and 
Interpipe, therefore, signed an amendment to the Agreement on July 10, 
2017, extending the Agreement by an additional one-year period such 
that the Agreement will terminate, and the Department will issue an 
antidumping duty order, on July 10, 2018.
---------------------------------------------------------------------------

    \8\ See Memorandum to the File entitled ``Meeting with Counsel 
to the Petitioners'' (July 11, 2017).
    \9\ See Interpipe's submission, entitled ``Agreement Suspending 
the Antidumping Duty Investigation on Certain Oil Country Tubular 
Goods from Ukraine: Rebuttal to Petitioners' Comments in Opposition 
to Interpipe's Request to Extend the Suspension Agreement'' (January 
23, 2017) at 2-6.
---------------------------------------------------------------------------

    The terms and conditions of the July 10, 2017 amendment to the 
Agreement are set forth in the Amendment to the Agreement, which is 
attached in Annex 1 to this notice.
    We are publishing this notice consistent with section 734(f)(1)(A) 
of the Tariff Act of 1930, as amended, and 19 CFR 351.208(g)(2).

    Dated: July 11, 2017.
Gary Taverman,
 Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Annex 1: Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods (OCTG) From Ukraine

Amendment to the Agreement Suspending the Antidumping Duty 
Investigation on Certain Oil Country Tubular Goods From Ukraine

    The United States Department of Commerce (the Department) and 
the producers/exporters of Certain Oil Country Tubular Goods from 
Ukraine that are signatories to the Agreement Suspending the 
Antidumping Duty Investigation on Certain Oil Country Tubular Goods 
from Ukraine (Agreement), signed on July 10, 2014, hereby amend 
Section H of the Agreement, as follows:
    The first sentence of Section H is amended as follows (changes 
in italics):

(H) Termination or Withdrawal

    This Agreement shall terminate four years after the effective 
date of this Agreement, on July 10, 2018.
    All other provisions of the Agreement, as amended, continue with 
full force.

    Signed on July 10, 2017, in Washington, DC by

Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Deen Kaplan,
Counsel for Interpipe Europe S.A.; Interpipe Ukraine, LLC; PJSC 
Interpipe NiznedneprovskyTube Rolling Plant (aka Interpipe NTRP); 
LLC Interpipe Niko Tube; North American Interpipe, Inc.

[FR Doc. 2017-14953 Filed 7-14-17; 8:45 am]
 BILLING CODE 3510-DS-P