Foundry Coke Products From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 41598-41599 [2017-18587]

Download as PDF 41598 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: August 22, 2017. James Maeder, Senior Director perfoming the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–18585 Filed 8–31–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–862] Foundry Coke Products From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on foundry coke products (foundry coke) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable September 1, 2017. FOR FURTHER INFORMATION CONTACT: Courtney Canales, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482–4997. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES AGENCY: Background On July 31, 2001, the Department published its final determination in the less-than-fair value investigation of foundry coke from the PRC.1 On 1 See Final Determination or Sales at Less Than Fair Value: Foundry Coke Products from the VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 September 17, 2001, the Department published an amended final determination of sales at less-than-fairvalue and the AD Order on foundry coke from the PRC.2 On May 1, 2017, the Department published the notice of initiation of the third sunset review of the AD Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (Act).3 On May 10, 2017, the Department received a notice of intent to participate from: ABC Coke, Erie Coke, and Tonawanda Coke (collectively, the petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i).4 ABC Coke, Erie Coke, and Tonawanda Coke claimed interested party status under section 771(9)(C) of the Act, as producers in the United States of a domestic like product. On May 31, 2017, the Department received a complete and adequate substantive response from the the petitioners within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 The Department received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of the AD Order. Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Order and the magnitude of the margins likely to prevail if the order were revoked, is provided in the Issues and Decision Memorandum, which is hereby adopted by this notice.7 The appendix to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and to all parties in the Central Records Unit, room B0824 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed on the Internet at http://enforcement.trade.gov/ frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Scope of the AD Order Final Results of Sunset Review Pursuant to section 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the AD Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 214.89 percent. The product covered under the antidumping duty order is coke larger than 100 mm (4 inches) in maximum diameter and at least 50 percent of which is retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The foundry coke products subject to the antidumping duty order were classifiable under subheading 2704.00.00.10 (as of Jan 1, 2000) and are currently classifiable under subheading 2704.00.00.11 (as of July 1, 2000) of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs purposes, our written description of the scope of the order is dispositive.6 People’s Republic of China, 66 FR 39487 (July 31, 2001) (LTFV Investigation Final). 2 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Foundry Coke Products from The People’s Republic of China, 66 FR 48025, (September 17, 2001) (AD Order). 3 See Initiation of Five-Year (Sunset) Review, 82 FR 20314 (May 1, 2017). 4 See Petitioners’ May 10, 2017, submission. 5 See Petitioners’ submission ‘‘Re: Foundry Coke from China, Third Sunset Review: Substantive Response to Notice of Initiation of Sunset Review’’ (May 31, 2017). 6 See Foundry Coke Products from the People’s Republic of China, 77 Federal Register 34,012 (June 8, 2012). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, 7 See Memorandum to 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, from James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Expedited Third Sunset Review of the Antidumping Duty Order on Foundry Coke Products from the People’s Republic of China: Issues and Decision Memorandum,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Dated: August 28, 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. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2017–18587 Filed 8–31–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–861] Certain Uncoated Groundwood Paper From Canada: Initiation of Less-ThanFair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable September 1, 2017. FOR FURTHER INFORMATION CONTACT: Maria Tatarska at (202) 482–1562, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: sradovich on DSK3GMQ082PROD with NOTICES The Petition On August 9, 2017, the U.S. Department of Commerce (the Department) received an antidumping duty (AD) Petition concerning imports of certain uncoated groundwood paper (UGW paper) from Canada, filed in proper form on behalf of North Pacific Paper Company (NORPAC, the VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 petitioner).1 The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of UGW paper from Canada. The petitioner is a domestic producer of UGW paper.2 On August 11, 2017, the Department requested supplemental information pertaining to certain areas of the Petition.3 The petitioner filed responses to these requests on August 15, 2017.4 On August 17, 2017, the Department contacted the petitioner regarding the proposed scope of the investigations.5 The petitioner filed revised scope language on August 21, 2017.6 As discussed below, on August 10, 2017, the Department issued polling questionnaires to all known U.S. producers of UGW paper. The Department received responses from all recipients of the polling questionnaires. In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of UGW paper from Canada are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing UGW paper in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. The Department finds that the petitioner filed this Petition on behalf of the domestic industry because the petitioner is an interested party as 1 See Letter from the petitioner ‘‘Certain Uncoated Groundwood Paper from Canada—Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated August 9, 2017 (the Petition). 2 See Volume I of the Petition, at 1. 3 See Letter to the petitioner from the Department, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Uncoated Groundwood Paper from Canada: Supplemental Questions,’’ dated August 11, 2017 (General Issues Supplemental Questionnaire); see also Letter from the Department, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Uncoated Groundwood Paper from Canada: Supplemental Questions,’’ dated August 11, 2017 (AD Supplemental Questionnaire). 4 See ‘‘Certain Uncoated Groundwood Paper from Canada/Responses to Supplemental Questions on the Injury Volume of the Petition,’’ dated August 15, 2017 (General Issues Supplemental Response); see also ‘‘Certain Uncoated Groundwood Paper from Canada/Petitioner’s Responses to Supplemental Questions on the Antidumping Duty Volume of the Petition,’’ dated August 15, 2017 (AD Supplemental Response). 5 See Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated August 17, 2017 (Scope Phone Call). 6 See Letter to the Secretary of Commerce from the petitioner, ‘‘Certain Uncoated Groundwood Paper from Canada/Further revisions to the Scope Language,’’ dated August 21, 2017 (Scope Revision Letter). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 41599 defined in section 771(9)(C) of the Act. The Department also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the AD investigation that the petitioner is requesting.7 Period of Investigation Because the Petition was filed on August 9, 2017, the period of investigation (POI) for this investigation is July 1, 2016, through June 30, 2017. Scope of the Investigation The product covered by this investigation is UGW paper from Canada. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.8 As discussed in the preamble to the Department’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).9 The Department will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,10 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, September 18, 2017, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Thursday, September 28, 2017, which is 10 calendar days from the initial comments deadline.11 The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. 7 See the ‘‘Determination of Industry Support for the Petition’’ section, below. 8 See General Issues Supplemental Questionnaire; see also General Issues Supplemental Response, Scope Phone Call, and Scope Revision Letter. 9 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See 19 CFR 351.303(b). E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41598-41599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: Final 
Results of the Expedited Third Sunset Review of the Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
foundry coke products (foundry coke) from the People's Republic of 
China (PRC) would be likely to lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Courtney Canales, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; Telephone: (202) 482-4997.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2001, the Department published its final determination 
in the less-than-fair value investigation of foundry coke from the 
PRC.\1\ On September 17, 2001, the Department published an amended 
final determination of sales at less-than-fair-value and the AD Order 
on foundry coke from the PRC.\2\ On May 1, 2017, the Department 
published the notice of initiation of the third sunset review of the AD 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(Act).\3\ On May 10, 2017, the Department received a notice of intent 
to participate from: ABC Coke, Erie Coke, and Tonawanda Coke 
(collectively, the petitioners) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ ABC Coke, Erie Coke, and Tonawanda Coke claimed 
interested party status under section 771(9)(C) of the Act, as 
producers in the United States of a domestic like product. On May 31, 
2017, the Department received a complete and adequate substantive 
response from the the petitioners within the 30-day deadline specified 
in 19 CFR 351.218(d)(3)(i).\5\ The Department received no substantive 
responses from respondent interested parties. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited sunset review of the AD Order.
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    \1\ See Final Determination or Sales at Less Than Fair Value: 
Foundry Coke Products from the People's Republic of China, 66 FR 
39487 (July 31, 2001) (LTFV Investigation Final).
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Foundry Coke Products 
from The People's Republic of China, 66 FR 48025, (September 17, 
2001) (AD Order).
    \3\ See Initiation of Five-Year (Sunset) Review, 82 FR 20314 
(May 1, 2017).
    \4\ See Petitioners' May 10, 2017, submission.
    \5\ See Petitioners' submission ``Re: Foundry Coke from China, 
Third Sunset Review: Substantive Response to Notice of Initiation of 
Sunset Review'' (May 31, 2017).
---------------------------------------------------------------------------

Scope of the AD Order

    The product covered under the antidumping duty order is coke larger 
than 100 mm (4 inches) in maximum diameter and at least 50 percent of 
which is retained on a 100 mm (4 inch) sieve, of a kind used in 
foundries. The foundry coke products subject to the antidumping duty 
order were classifiable under subheading 2704.00.00.10 (as of Jan 1, 
2000) and are currently classifiable under subheading 2704.00.00.11 (as 
of July 1, 2000) of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and Customs purposes, our written description of the scope of the order 
is dispositive.\6\
---------------------------------------------------------------------------

    \6\ See Foundry Coke Products from the People's Republic of 
China, 77 Federal Register 34,012 (June 8, 2012).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the AD Order and the magnitude of the 
margins likely to prevail if the order were revoked, is provided in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\7\ The appendix to this notice includes a list of the issues 
which the parties raised and to which the Department responded in the 
Issues and Decision Memorandum. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Services System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in the Central Records Unit, 
room B0824 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
on the Internet at http://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum to 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, from James Maeder, Senior Director 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, ``Expedited Third Sunset Review 
of the Antidumping Duty Order on Foundry Coke Products from the 
People's Republic of China: Issues and Decision Memorandum,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to section 751(c)(1) and 752(c)(1) and (3) of the Act, the 
Department determines that revocation of the AD Order would be likely 
to lead to continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins up to 214.89 percent.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order,

[[Page 41599]]

is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: August 28, 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.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2017-18587 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P