Carbon and Alloy Steel Wire Rod From Italy, the Republic of Korea, the Republic of South Africa, Spain, the Republic of Turkey, Ukraine and the United Kingdom: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 39564-39565 [2017-17620]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES 39564 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5:00 p.m. EDT on Wednesday, August 30, 2017. ADDRESSES: The meeting will be held in Washington, DC. The exact location will be provided by email to registrants. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted to: National Travel and Tourism Office, U.S. Department of Commerce, 1401 Constitution Ave. NW., Room 10003, Washington, DC 20230 or by email to TTAB@trade.gov. Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt. FOR FURTHER INFORMATION CONTACT: Brian Beall, the United States Travel and Tourism Advisory Board, National Travel and Tourism Office, U.S. Department of Commerce, 1401 Constitution Ave. NW., Room 10003, Washington, DC 20230; telephone: 202– 482–5634; email: TTAB@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Board advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry. Public Participation: The meeting will be open to the public and will be accessible to people with disabilities. Any member of the public requesting to join the meeting is asked to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may not be possible to fill. There will be fifteen (15) minutes allotted for oral comments from members of the public joining the meeting. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Members of the public wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name and address of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a written copy of their prepared remarks by 5:00 p.m. EDT on Wednesday, August 30, 2017, for inclusion in the meeting records and for circulation to the members of the Board. VerDate Sep<11>2014 18:37 Aug 18, 2017 Jkt 241001 In addition, any member of the public may submit pertinent written comments concerning the Board’s affairs at any time before or after the meeting. Comments may be submitted to Brian Beall at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5:00 p.m. EDT on Wednesday, August 30, 2017, to ensure transmission to the Board prior to the meeting. Comments received after that date and time will be distributed to the members but may not be considered during the meeting. Copies of Board meeting minutes will be available within 90 days of the meeting. alloy steel wire rod (wire rod) from Italy, Korea, South Africa, Spain, Turkey, Ukraine, and the UK.1 Currently, the preliminary determinations are due no later than September 5, 2017.2 Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a LTFV investigation within 140 days after the date on which the Department initiated the investigation. However, section 733(c)(1)(A)(b)(1) of the Act permits the Department to postpone the preliminary Dated: August 14, 2017. determination until no later than 190 Brian Beall, days after the date on which the Designated Federal Officer, United States Department initiated the investigation Travel and Tourism Advisory Board. if: (A) The petitioner makes a timely [FR Doc. 2017–17555 Filed 8–18–17; 8:45 am] request for a postponement; or (B) the Department concludes that the parties BILLING CODE 3510–DR–P concerned are cooperating, that the investigation is extraordinarily DEPARTMENT OF COMMERCE complicated, and that additional time is necessary to make a preliminary International Trade Administration determination. Under 19 CFR [A–475–836, A–580–891, A–412–826, A–469– 351.205(e), the petitioner must submit a request for postponement 25 days or 816, A–791–823, A–489–831, A–823–816] more before the scheduled date of the Carbon and Alloy Steel Wire Rod From preliminary determination and must Italy, the Republic of Korea, the state the reasons for the request. The Republic of South Africa, Spain, the Department will grant the request unless Republic of Turkey, Ukraine and the it finds compelling reasons to deny the United Kingdom: Postponement of request. Preliminary Determinations in the On August 11, 2017, the petitioners 3 Less-Than-Fair-Value Investigations submitted a timely request that the Department postpone the preliminary AGENCY: Enforcement and Compliance, determinations in these LTFV International Trade Administration, investigations.4 The petitioners stated Department of Commerce. that they request postponement because DATES: Applicable August 21, 2017. the Department is still gathering data FOR FURTHER INFORMATION CONTACT: and questionnaire responses from the Victoria Cho at (202) 482–5075 (Italy); foreign producers in these Lingjun Wang at (202) 482–2316 (the investigations, and that additional time Republic of Korea (Korea)); Alice is necessary for the Department and Maldonado at (202) 482–4682 (the interested parties to fully and properly United Kindgom (UK)); Davina analyze all questionnaire responses, and Friedmann at (202) 482–0698 (Spain); 1 See Carbon and Alloy Steel Wire Rod from Moses Song at (202) 482–5041 (the Belarus, Italy, the Republic of Korea, the Russian Republic of South Africa (South Africa, Spain, the Republic of Africa)); Ryan Mullen at (202) 482–5260 Federation, SouthUnited Arab Emirates, and United Turkey, Ukraine, (the Republic of Turkey (Turkey)); and Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 FR19207 (April 20, 2017) Julia Hancock at (202) 482–1394 (Initiation Notice). (Ukraine), AD/CVD Operations, 2 The statutory deadline is actually September 4, Enforcement and Compliance, 2017, which is a federal holiday. It is the International Trade Administration, Department’s practice that where a deadline falls on U.S. Department of Commerce, 1401 a weekend or federal holiday, the appropriate Constitution Avenue NW., Washington, deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ DC 20230. Rule for Administrative Determination Deadlines SUPPLEMENTARY INFORMATION: Pursuant to the Tariff Act of 1930, As Amended, 70 Background On April 17, 2017, the Department of Commerce (the Department) initiated less-than-fair-value (LTFV) investigations of imports of carbon and PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 FR 24533 (May 10, 2005). 3 The petitioners are Gerdau Ameristeel US Inc., Keystone Consolidated Industries Inc., Charter Steel, and Nucor Corporation. 4 See Kelley, Drye, and Warren, LLP’s August 11, 2017, submission; see also Wiley Rein, LLP’s August 11, 2017, submissions. E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices to facilitate analysis of and the submission of comments and new factual information.5 For the reasons stated above, and because there are no compelling reasons to deny the request, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, the Department will issue its preliminary determinations no later than October 24, 2017. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of publication of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 15, 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. 2017–17620 Filed 8–18–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 29, 2017, the Court of International Trade (CIT) issued its final judgment, sustaining the Department of Commerce’s (the Department’s) remand results pertaining to the ninth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam) covering the period of review (POR) of February 1, 2013, through January 31, 2014. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the ninth administrative asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: 5 Id. VerDate Sep<11>2014 18:37 Aug 18, 2017 Jkt 241001 review,1 and that the Department is amending the final results with respect to the labor surrogate value applied in the administrative review. The effective date of this notice is July 9, 2017. DATES: Applicable July 9, 2017. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: Background On September 15, 2015, the Department published its Final Results. In the Final Results, we relied on data from the Bangladeshi Bureau of Statistics (BBS) to value the respondents’ labor consumption. Subsequently, the CIT remanded this issue to the Department for further explanation or reconsideration.2 In the Remand Redetermination, the Department reconsidered its determination and found that the BBS data are not the best available information with which to value respondents’ labor.3 Consequently, the Department evaluated the alternative wage rates on the record and determined that India wage rate data are the best available information for valuing labor. In the Final Results, we calculated a 0.00 percent weighted-average margin for Sao Ta Foods Joint Stock Company and a 1.16 percent weighted-average margin for Thuan Phuoc Seafoods and Trading Corporation.4 Based on our change of the labor surrogate value, we continued to calculate a 0.00 percent weighted-average margin for Sao Ta Foods Joint Stock Company and calculated a 1.42 percent weightedaverage margin for Thuan Phuoc Seafoods and Trading Corporation.5 1 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review, 2013– 2014, 80 FR 55328 (September 15, 2015) (Final Results). 2 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 15–00279, Slip Op. 17–27 (March 16, 2017) (Remand Opinion and Order) at 24. 3 See Final Results of Redetermination Pursuant to Court Remand, dated June 6, 2017, at 9 (Remand Redetermination); available at https:// enforcement.trade.gov/remands/17-27.pdf. 4 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review, 2013– 2014, 80 FR 55328, 55329 (September 15, 2015) (Final Results). 5 See Memorandum to the File, from Irene Gorelik, Senior International Trade Compliance Analyst, Office VIII, re: ‘‘Remand PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 39565 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. This notice is published in fulfillment of the publication requirement of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise at issue in the Remand Redetermination pending expiration of the period to appeal or, if appealed, a final and conclusive court decision. Amended Final Results Because there is now a final court decision, the Department is amending the Final Results. Based on the Remand Redetermination, as affirmed by the Court on June 29, 2017, the revised weighted-average dumping margin for Thuan Phuoc Seafoods and Trading Corporation for the period February 1, 2013, through January 31, 2014, is 1.42 percent. As noted above, there was no change to Sao Ta Foods Joint Stock Company’s weighted-average margin from the Final Results; we continued to calculate a 0.00 percent weightedaverage margin for Sao Ta Foods Joint Stock Company in the Remand Redetermination. Further, for the purpose of recalculating the sample rate for the non-individually examined companies that received a separate rate and are parties to this litigation,8 we adjusted the Minh Phu Group’s final margin from 1.39 percent 9 to 1.53 percent; 10 however, there is no effect to the Minh Phu Group’s final margin of 1.39 Redetermination—Revised Final Results Calculations,’’ dated May 12, 2017 (Remand Recalculations). at Attachments 1–4. 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 8 See Remand Recalculations at 4–6, for the list of the separate rate companies that are subject to this litigation; see also Memorandum to the File, from Irene Gorelik, Senior International Trade Compliance Analyst, Office VIII, re: ‘‘Final Remand Redetermination—Revised Final Remand Recalculations,’’ dated June 15, 2017 (Final Remand Recalculations) at 4 for the recalculation of the sample rate for the final remand redetermination. 9 See Final Results, 80 FR at 55329. See also Remand Recalculations at 4. 10 See Final Remand Recalculations at 3 and Attachments 1–4. E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39564-39565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17620]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-836, A-580-891, A-412-826, A-469-816, A-791-823, A-489-831, A-
823-816]


Carbon and Alloy Steel Wire Rod From Italy, the Republic of 
Korea, the Republic of South Africa, Spain, the Republic of Turkey, 
Ukraine and the United Kingdom: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations

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

DATES: Applicable August 21, 2017.

FOR FURTHER INFORMATION CONTACT: Victoria Cho at (202) 482-5075 
(Italy); Lingjun Wang at (202) 482-2316 (the Republic of Korea 
(Korea)); Alice Maldonado at (202) 482-4682 (the United Kindgom (UK)); 
Davina Friedmann at (202) 482-0698 (Spain); Moses Song at (202) 482-
5041 (the Republic of South Africa (South Africa)); Ryan Mullen at 
(202) 482-5260 (the Republic of Turkey (Turkey)); and Julia Hancock at 
(202) 482-1394 (Ukraine), AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2017, the Department of Commerce (the Department) 
initiated less-than-fair-value (LTFV) investigations of imports of 
carbon and alloy steel wire rod (wire rod) from Italy, Korea, South 
Africa, Spain, Turkey, Ukraine, and the UK.\1\ Currently, the 
preliminary determinations are due no later than September 5, 2017.\2\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the 
Republic of Korea, the Russian Federation, South Africa, Spain, the 
Republic of Turkey, Ukraine, United Arab Emirates, and United 
Kingdom: Initiation of Less-Than-Fair-Value Investigations, 82 
FR19207 (April 20, 2017) (Initiation Notice).
    \2\ The statutory deadline is actually September 4, 2017, which 
is a federal holiday. It is the Department's practice that where a 
deadline falls on a weekend or federal holiday, the appropriate 
deadline is the next business day. See Notice of Clarification: 
Application of ``Next Business Day'' Rule for Administrative 
Determination Deadlines Pursuant to the Tariff Act of 1930, As 
Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to issue the preliminary determination in 
a LTFV investigation within 140 days after the date on which the 
Department initiated the investigation. However, section 
733(c)(1)(A)(b)(1) of the Act permits the Department to postpone the 
preliminary determination until no later than 190 days after the date 
on which the Department initiated the investigation if: (A) The 
petitioner makes a timely request for a postponement; or (B) the 
Department concludes that the parties concerned are cooperating, that 
the investigation is extraordinarily complicated, and that additional 
time is necessary to make a preliminary determination. Under 19 CFR 
351.205(e), the petitioner must submit a request for postponement 25 
days or more before the scheduled date of the preliminary determination 
and must state the reasons for the request. The Department will grant 
the request unless it finds compelling reasons to deny the request.
    On August 11, 2017, the petitioners \3\ submitted a timely request 
that the Department postpone the preliminary determinations in these 
LTFV investigations.\4\ The petitioners stated that they request 
postponement because the Department is still gathering data and 
questionnaire responses from the foreign producers in these 
investigations, and that additional time is necessary for the 
Department and interested parties to fully and properly analyze all 
questionnaire responses, and

[[Page 39565]]

to facilitate analysis of and the submission of comments and new 
factual information.\5\
---------------------------------------------------------------------------

    \3\ The petitioners are Gerdau Ameristeel US Inc., Keystone 
Consolidated Industries Inc., Charter Steel, and Nucor Corporation.
    \4\ See Kelley, Drye, and Warren, LLP's August 11, 2017, 
submission; see also Wiley Rein, LLP's August 11, 2017, submissions.
    \5\ Id.
---------------------------------------------------------------------------

    For the reasons stated above, and because there are no compelling 
reasons to deny the request, the Department, in accordance with section 
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary 
determinations by 50 days (i.e., 190 days after the date on which these 
investigations were initiated). As a result, the Department will issue 
its preliminary determinations no later than October 24, 2017. In 
accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), 
the deadline for the final determinations of these investigations will 
continue to be 75 days after the date of publication of the preliminary 
determinations, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: August 15, 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. 2017-17620 Filed 8-18-17; 8:45 am]
 BILLING CODE 3510-DS-P
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