Export Trade Certificate of Review, 47473-47474 [2017-21984]

Download as PDF Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the Department’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On September 13, 2017, pursuant to 19 CFR 351.210(e), Simcoa requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.7 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, the Department is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the Department 7 See Letter from Simcoa, ‘‘Silicon Metal from Australia: Request for Postponement of Final Determination,’’ dated September 13, 2017. VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 4, 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 I Scope of the Investigation The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation. Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Constructed Export Price IX. Normal Value A. Home Market Viability B. Level of Trade PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 47473 C. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison-Market Prices X. Currency Conversion XI. Critical Circumstances XII. Conclusion [FR Doc. 2017–22067 Filed 10–11–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 03–3A008] Export Trade Certificate of Review Notice of Issuance of an amended Export Trade Certificate of Review to California Pistachio Export Council (‘‘CPEC’’), Application No. 03– 3A008. ACTION: The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to CPEC on October 5, 2017. FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of Trade and Economic Analysis (‘‘OTEA’’), International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2016). OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. SUMMARY: Description of Amended Certificate CPEC’s Export Trade Certificate of Review has been amended to: • Remove Horizon Marketing Agency in Common Cooperative Inc. as a Member • Add the following new Members: Æ Arizona Nut Company, LLC (controlling entity A&P Ranch, L.P.) Æ Horizon Growers Cooperative, Inc. E:\FR\FM\12OCN1.SGM 12OCN1 47474 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices CPEC’s amendment of its Export Trade Certificate of Review results in the following membership list: • Arizona Nut Company, LLC • ARO Pistachios, Inc. • Horizon Growers Cooperative, Inc. • Keenan Farms, Inc. • Monarch Nut Company • Nichols Pistachio • Primex Farms, LLC • Setton Pistachio of Terra Bella, Inc. • Zymex Industries, Inc. No change has been made regarding the Export Trade, Export Trade Activities or Methods of Operation covered by the Certificate. The amended Certificate of Review is effective from June 15, 2017, the date on which the application for an amendment was deemed submitted. Dated: October 5, 2017. Joseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2017–21984 Filed 10–11–17; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Glycine From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 7, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on glycine from the People’s Republic of China (PRC), covering the period March 1, 2015, through February 29, 2016. We invited interested parties to comment on the preliminary results. We received comments from a domestic interested party, GEO Specialty Chemicals, Inc. (GEO), a respondent, Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong) and a U.S. importer, PharmRx Chemical Corporation (Pharm-Rx). As a result of comments filed by the parties, we have determined that the U.S. sale reported by Baoding Mantong is not a bona fide sale and the review should be rescinded with respect to this exporter. The final results remain unchanged from the preliminary results of review with respect to the other respondent, Jizhou City Huayang Chemical Co., Ltd. (Huayang Chemical). asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: 22:35 Oct 11, 2017 Applicable October 12, 2017. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3931 or (202) 482–7924, respectively. Background On April 7, 2017, the Department published its notice of preliminary results of review for the administrative review on glycine from the PRC in the Federal Register.1 A summary of the events that occurred since the Department published these results, as well as a discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 Scope of the Order BILLING CODE 3510–DR–P VerDate Sep<11>2014 DATES: Jkt 244001 The product covered by this antidumping duty order is glycine, which is a free-flowing crystalline material, like salt or sugar. Glycine is produced at varying levels of purity and is used as a sweetener/taste enhancer, a buffering agent, reabsorbable amino acid, chemical intermediate, and a metal complexing agent. This proceeding includes glycine of all purity levels. Glycine is currently classified under subheading 2922.49.4020 of the Harmonized Tariff Schedule of the United States (HTSUS).3 Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. 1 See Glycine from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Antidumping Duty Administrative Review, In Part; 2015–2016, 82 FR 16992 (April 7, 2017) (Preliminary Results). 2 See Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, on the subject of ‘‘Glycine from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of Administrative Review and Rescission of Review, In Part; 2015–2016’’, dated concurrently with this notice (Issues and Decision Memorandum). 3 In separate scope rulings, the Department determined that: (a) D(-) Phenylglycine Ethyl Dane Salt is outside the scope of the order and (b) PRCglycine exported from India remains the same class or kind of merchandise as the PRC-origin glycine imported into India. See Notice of Scope Rulings and Anticircumvention Inquiries, 62 FR 62288 (November 21, 1997) and Glycine from the People’s Republic of China: Final Partial Affirmative Determination of Circumvention of the Antidumping Duty Order, 77 FR 73426 (December 10, 2012), respectively. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties is attached to this notice as Appendix I. 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 Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results In Comment 1 of the Issues and Decision Memorandum, the Department concluded that the sole U.S. sale reported by Baoding Mantong for the period of review was not a bona fide sale. Consequently, we are rescinding the review with respect to this company. We made no changes to the PRC-wide rate assigned to Pharm-Rx’s Chinese supplier, Huayang Chemical, as a result of our analysis of the issues. Final Results of Review In the Preliminary Results, we determined that Huayang Chemical failed to establish its eligibility for a separate rate and preliminarily determined to treat the exporter as part of the PRC-wide entity.4 Because no party requested a review of the PRCwide entity and the Department no longer considers the PRC-wide entity as an exporter conditionally subject to administrative reviews, we did not conduct a review of the PRC-wide entity, and the entity’s rate is not subject to change in this review.5 Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered 4 See Preliminary Results at 16992–16993. Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 5 See E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47473-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 03-3A008]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an amended Export Trade Certificate of 
Review to California Pistachio Export Council (``CPEC''), Application 
No. 03-3A008.

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SUMMARY: The U.S. Department of Commerce issued an amended Export Trade 
Certificate of Review to CPEC on October 5, 2017.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Trade and Economic Analysis (``OTEA''), International Trade 
Administration, by telephone at (202) 482-5131 (this is not a toll-free 
number) or email at etca@trade.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of 
Commerce to issue Export Trade Certificates of Review. The regulations 
implementing Title III are found at 15 CFR part 325 (2016). OTEA is 
issuing this notice pursuant to 15 CFR 325.6(b), which requires the 
Secretary of Commerce to publish a summary of the certification in the 
Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), 
any person aggrieved by the Secretary's determination may, within 30 
days of the date of this notice, bring an action in any appropriate 
district court of the United States to set aside the determination on 
the ground that the determination is erroneous.

Description of Amended Certificate

    CPEC's Export Trade Certificate of Review has been amended to:

 Remove Horizon Marketing Agency in Common Cooperative Inc. as 
a Member
 Add the following new Members:
    [cir] Arizona Nut Company, LLC (controlling entity A&P Ranch, L.P.)
    [cir] Horizon Growers Cooperative, Inc.


[[Page 47474]]


    CPEC's amendment of its Export Trade Certificate of Review results 
in the following membership list:

 Arizona Nut Company, LLC
 ARO Pistachios, Inc.
 Horizon Growers Cooperative, Inc.
 Keenan Farms, Inc.
 Monarch Nut Company
 Nichols Pistachio
 Primex Farms, LLC
 Setton Pistachio of Terra Bella, Inc.
 Zymex Industries, Inc.

    No change has been made regarding the Export Trade, Export Trade 
Activities or Methods of Operation covered by the Certificate.
    The amended Certificate of Review is effective from June 15, 2017, 
the date on which the application for an amendment was deemed 
submitted.

    Dated: October 5, 2017.
Joseph E. Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2017-21984 Filed 10-11-17; 8:45 am]
 BILLING CODE 3510-DR-P