Silicomanganese From Ukraine: Final Results of Antidumping Duty Administrative Review; 2015-2016, 37197-37198 [2017-16790]

Download as PDF Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices comment on the Preliminary Results. We received no comments. The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). g. Comparisons to Normal Value h. Results of Differential Pricing Analysis i. U.S. Price j. Value-Added Tax k. Normal Value l. Factor Valuation Methodology m. Currency Conversion 5. Conclusion Scope of the Order [FR Doc. 2017–16687 Filed 8–8–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–805] Silicomanganese From Ukraine: Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 9, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on silicomanganese from Ukraine. The period of review (POR) is August 1, 2015, through July 31, 2016. For the final results of this review, we continue to find, 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: Applicable August 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: AGENCY: sradovich on DSK3GMQ082PROD with NOTICES Background On May 9, 2017, the Department published the Preliminary Results of the administrative review of the antidumping duty order on silicomanganese from Ukraine.1 The administrative review covers two exporters of the subject merchandise, PJSC Zaporozhye Ferroalloy Plant (ZFP), and PJSC Nikopol Ferroalloy Plant (NFP). The Department gave interested parties an opportunity to 1 See Silicomanganese From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 21521 (May 9, 2017) (Preliminary Results). VerDate Sep<11>2014 17:58 Aug 08, 2017 Jkt 241001 The merchandise covered by the antidumping duty order is silicomanganese. Silicomanganese, which is sometimes called ferrosilicon manganese, is a ferroalloy composed principally of manganese, silicon, and iron, and normally containing much smaller proportions of minor elements, such as carbon, phosphorous, and sulfur. Silicomanganese generally contains by weight not less than four percent iron, more than 30 percent manganese, more than eight percent silicon, and not more than three percent phosphorous. All compositions, forms and sizes of silicomanganese are included within the scope of this order, including silicomanganese slag, fines, and briquettes. Silicomanganese is used primarily in steel production as a source of both silicon and manganese. This order covers all silicomanganese, regardless of its tariff classification. 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. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Adverse Facts Available We continue to find that the application of adverse facts available (AFA) to the mandatory respondents, ZPF and NFP, is warranted in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308, because these companies failed to provide requested information, as detailed in the Preliminary Decision Memorandum 2 accompanying the Preliminary Results. Final Results of the Administrative Review We determine that the following weighted-average dumping margins exist for the respondents for the period of August 1, 2015, through July 31, 2016: 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results in the Administrative Review of the Antidumping Duty Order on Silicomanganese from Ukraine; 2015–2016,’’ dated May 3, 2017 (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Exporter/producer PJSC Zaporozhye Ferroalloy Plant .................................. PJSC Nikopol Ferroalloy Plant .................................. 37197 Weightedaverage dumping margin (percent) 163.00 163.00 Assessment In accordance with 19 CFR 351.212, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all entries of subject merchandise exported by ZFP and NFP during the POR at an ad valorem rate of 163.00 percent. We intend to issue instructions to CBP 15 days after publication 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 163.00 percent, 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.3 3 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: E:\FR\FM\09AUN1.SGM Continued 09AUN1 37198 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Notices These cash deposit requirements, when imposed, shall remain in effect until further notice. ACTION: Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. We are issuing and publishing these results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: August 3, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–16790 Filed 8–8–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF517 Pacific Island Fisheries; Marine Conservation Plan for the Pacific Insular Area for the Northern Mariana Islands; Western Pacific Sustainable Fisheries Fund National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. sradovich on DSK3GMQ082PROD with NOTICES 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). VerDate Sep<11>2014 17:00 Aug 08, 2017 Jkt 241001 NMFS announces approval of a Marine Conservation Plan (MCP) for the Northern Mariana Islands. DATES: This agency decision is valid from August 4, 2017, through August 3, 2020. ADDRESSES: You may obtain a copy of the MCP, identified by NOAA–NMFS– 2017–0076, from the Federal eRulemaking Portal, http:// www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0076, or from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries, NMFS Pacific Islands Regional Office, 808–725–5171. SUPPLEMENTARY INFORMATION: Section 204(e) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) authorizes the Secretary of State, with the concurrence of the Secretary of Commerce (Secretary), and in consultation with the Council, to negotiate and enter into a Pacific Insular Area fishery agreement (PIAFA). A PIAFA would allow foreign fishing within the U.S. Exclusive Economic Zone (EEZ) adjacent to American Samoa, Guam, or the Northern Mariana Islands. The Governor of the Pacific Insular Area to which the PIAFA applies must request the PIAFA. The Secretary of State may negotiate and enter the PIAFA after consultation with, and concurrence of, the applicable Governor. Before entering into a PIAFA, the applicable Governor, with concurrence of the Council, must develop and submit to the Secretary a 3-year MCP providing details on uses for any funds collected by the Secretary under the PIAFA. NMFS is the designee of the Secretary for MCP review and approval. The Magnuson-Stevens Act requires payments received under a PIAFA to be deposited into the United States Treasury and then conveyed to the Treasury of the Pacific Insular Area for which funds were collected. In the case of violations by foreign fishing vessels in the EEZ around any Pacific Insular Area, amounts received by the Secretary attributable to fines and penalties imposed under the MagnusonStevens Act, including sums collected from the forfeiture and disposition or sale of property seized subject to its authority, shall be deposited into the Treasury of the Pacific Insular Area adjacent to the EEZ in which the violation occurred, after direct costs of SUMMARY: Notification to Importers This notice serves as a final 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 review period. 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. AGENCY: Notice of agency decision. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 the enforcement action are subtracted. The Pacific Insular Area government may use funds deposited into the Treasury of the Pacific Insular Area for fisheries enforcement and for implementation of an MCP. Federal regulations at 50 CFR 665.819 authorize NMFS to specify catch limits for longline-caught bigeye tuna for U.S. territories. NMFS may also authorize each territory to allocate a portion of that limit to U.S. longline fishing vessels that are permitted to fish under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP). Payments collected under specified fishing agreements are deposited into the Western Pacific Sustainable Fisheries Fund, and any funds attributable to a particular territory may be used only for implementation of that territory’s MCP. An MCP must be consistent with the Council’s FEPs, must identify conservation and management objectives (including criteria for determining when such objectives have been met), and must prioritize planned marine conservation projects. The Council reviewed and concurred with the Northern Marian Islands MCP in June 2017. On July 6, 2017, the Governor of the Commonwealth of the Northern Mariana Islands submitted the Northern Mariana Islands MCP to NMFS for review and approval. The following describes the objectives of the MCP. Please refer to the MCP for planned projects and activities designed to meet each objective, the evaluative criteria, and priority rankings. The MCP contains seven conservation and management objectives, listed below. 1. Improve fisheries data collection and reporting. 2. Conduct resource assessment, monitoring, and research to gain a better understanding of marine resources and fisheries. 3. Conduct enforcement training and monitoring activities to promote compliance with federal and local mandates. 4. Promote responsible domestic fisheries development to provide longterm economic growth, stability, and local food production. 5. Conduct education and outreach, enhance public participation, and build local capacity. 6. Promote an ecosystem approach to fisheries management, climate change adaptation and mitigation, and regional cooperation. 7. Recognize the importance of island cultures and traditional fishing practices in managing fishery resources, and foster opportunities for participation. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37197-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16790]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-805]


Silicomanganese From Ukraine: Final Results of Antidumping Duty 
Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 9, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on silicomanganese from Ukraine. The period of 
review (POR) is August 1, 2015, through July 31, 2016. For the final 
results of this review, we continue to find, 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: Applicable August 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:

Background

    On May 9, 2017, the Department published the Preliminary Results of 
the administrative review of the antidumping duty order on 
silicomanganese from Ukraine.\1\ The administrative review covers two 
exporters of the subject merchandise, PJSC Zaporozhye Ferroalloy Plant 
(ZFP), and PJSC Nikopol Ferroalloy Plant (NFP). The Department gave 
interested parties an opportunity to comment on the Preliminary 
Results. We received no comments.
---------------------------------------------------------------------------

    \1\ See Silicomanganese From Ukraine: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2016, 82 FR 21521 (May 
9, 2017) (Preliminary Results).
---------------------------------------------------------------------------

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise covered by the antidumping duty order is 
silicomanganese. Silicomanganese, which is sometimes called 
ferrosilicon manganese, is a ferroalloy composed principally of 
manganese, silicon, and iron, and normally containing much smaller 
proportions of minor elements, such as carbon, phosphorous, and sulfur. 
Silicomanganese generally contains by weight not less than four percent 
iron, more than 30 percent manganese, more than eight percent silicon, 
and not more than three percent phosphorous. All compositions, forms 
and sizes of silicomanganese are included within the scope of this 
order, including silicomanganese slag, fines, and briquettes. 
Silicomanganese is used primarily in steel production as a source of 
both silicon and manganese. This order covers all silicomanganese, 
regardless of its tariff classification. 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

Adverse Facts Available

    We continue to find that the application of adverse facts available 
(AFA) to the mandatory respondents, ZPF and NFP, is warranted in 
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308, 
because these companies failed to provide requested information, as 
detailed in the Preliminary Decision Memorandum \2\ accompanying the 
Preliminary Results.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Administrative Review of the Antidumping Duty Order 
on Silicomanganese from Ukraine; 2015-2016,'' dated May 3, 2017 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Final Results of the Administrative Review

    We 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
------------------------------------------------------------------------

Assessment

    In accordance with 19 CFR 351.212, the Department will instruct 
U.S. Customs and Border Protection (CBP) to liquidate all entries of 
subject merchandise exported by ZFP and NFP during the POR at an ad 
valorem rate of 163.00 percent. We intend to issue instructions to CBP 
15 days after publication 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 163.00 percent, 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.\3\
---------------------------------------------------------------------------

    \3\ 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).

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[[Page 37198]]

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a final 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 review period. 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 Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.
    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: August 3, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16790 Filed 8-8-17; 8:45 am]
 BILLING CODE 3510-DS-P