Gray Portland Cement and Cement Clinker From Japan: Continuation of Antidumping Duty Order, 32682-32683 [2017-14955]

Download as PDF 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 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices anniversary of the effective date of continuation. This five-year sunset review 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: 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. [FR Doc. 2017–14955 Filed 7–14–17; 8:45 am] United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (Act).2 On June 20, 2017, Suqian Yaorun Trade Co., Ltd. (Suqian Yaorun), Shandong Anxin Timber Co., Ltd. (Shandong Anxin), Pizhou Jin Sheng Yuan International Trade Co., Ltd. (Pizhou Jin Sheng), Xuzhou Shuiwangxing Trading Co. (Shuiwangxing), and Cosco Star International Co., Ltd. (Cosco) (collectively, certain separate rate respondents) timely filed ministerial error allegations.3 Period of Investigation The period of investigation (POI) is April 1, 2016, through September 30, 2016. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Certain Hardwood Plywood Products From the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value Scope of Investigation The product covered by this investigation is hardwood plywood from the PRC. A complete description of the scope of this investigation in included in the Preliminary Determination.4 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 23, 2017 the Department of Commerce (Department) published the Preliminary Determination of sales at less than fair value (LTFV) in the antidumping duty investigation of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (PRC). We are amending our Preliminary Determination to correct ministerial errors with respect to the identification of companies receiving a separate rate. DATES: Applicable June 23, 2017. FOR FURTHER INFORMATION CONTACT: Amanda Brings or Ryan Mullen, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3927 or (202) 482–5260, respectively. SUPPLEMENTARY INFORMATION: As noted above, on June 23, 2017, the Department published in the Federal Register the Preliminary Determination 1 that hardwood plywood from the PRC is being, or is likely to be, sold in the Significant Ministerial Error Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of significant ministerial errors it made in the margin assigned to certain separate rate respondents. A ministerial error is defined as errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.5 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.6 As a result of this amended preliminary determination, we have added certain separate rate respondents to the list of exporters that received a separate rate or International Trade Adminstration [A–570–051] asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 82 FR 28629 (June 23, 2017) (Preliminary Determination). 2 See Preliminary Determination. VerDate Sep<11>2014 17:45 Jul 14, 2017 Jkt 241001 3 See Letter to the Department re: Hardwood Plywood Products from the People’s Republic of China: Ministerial-Error Comments on Separate Rate Applications, dated June 20, 2017 (Ministerial Error Comments). 4 See Preliminary Determination at Appendix I. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 32683 corrected typographical errors, as appropriate.7 Ministerial Error Allegations On June 20, 2017, certain separate rate respondents submitted ministerial error allegations claiming that the Department should have included exporters Suqian Yaorun and Shandong Anxin as separate rate recipients and that typographical errors were made to the spelling of the names of exporters Pizhou Jin Sheng and Shuiwangxing, and to the spelling of the name of one of exporter Cosco’s producers, Pingyi Jinniu Wood Co., Ltd.8 The Department reviewed the record and agrees that we made certain typographical errors and omissions on the producer/exporter list for separate rate recipients constituting significant ministerial errors pursuant to 19 CFR 351.224(e) and (f). In their SRA, certain separate rate respondents submitted information supporting a preliminary finding of an absence of de jure and de facto government control.9 Accordingly, we preliminarily determine that certain separate rate respondents are eligible for a separate rate. Further, these errors are significant because the rate applicable to the certain separate rate respondents is improperly at the PRC-Wide rate of 114.72 percent, rather than at the correct separate rate of 57.36 percent, thus exceeding the significant error threshold because correction of these errors results in a change of at least five absolute percentage points. The collection of cash deposits and suspension of liquidation will be revised accordingly in accordance with section 733(d) and (f) of the Act and 19 CFR 351.224. Because the amended rates for certain separate rate respondents results in reduced cash deposit rates, the corrected rates for certain separate rate respondents will be effective retroactively to June 23, 2017, the date of publication of the Preliminary Determination. Amended Preliminary Determination As a result of this amended preliminary determination, we have revised the preliminary estimated weighted-average dumping margins as follows: 5 See section 735(e) of the Act. 19 CFR 351.224(g). 7 See the ‘‘Amended Preliminary Determination’’ section below. 8 See Ministerial Comments. 6 See 9 E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32682-32683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14955]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-815]


Gray Portland Cement and Cement Clinker From Japan: Continuation 
of Antidumping Duty Order

AGENCY: 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:

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 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\

Scope of the Order
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    \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).
    \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).
---------------------------------------------------------------------------

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

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

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

[[Page 32683]]

anniversary of the effective date of continuation.
    This five-year sunset review 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: 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.
[FR Doc. 2017-14955 Filed 7-14-17; 8:45 am]
 BILLING CODE 3510-DS-P

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