Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 58178-58181 [2017-26607]
Download as PDF
<![CDATA[
58178
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7304.31.3000,
7304.31.6050, 7304.51.1000, 7304.51.5005,
7304.51.5060, 7306.30.5015, 7306.30.5020,
7306.50.5030. Subject merchandise may also
enter under numbers 7306.30.1000 and
7306.50.1000. The HTSUS subheadings
above are provided for convenience and
customs purposes only. The written
description of the scope of the investigation
is dispositive.
Appendix II
daltland on DSKBBV9HB2PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Final Determination of Critical
Circumstances, in Part
A. Background
B. Legal Framework
C. Critical Circumstances Allegation
D. Analysis
V. Scope Comments
VI. Scope of the Investigation
VII. Application of the Countervailing Duty
Law to Imports From the PRC
VIII. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
IX. Benchmarks and Discount Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
A. Programs Determined To Be
Countervailable
B. Programs Determined Not To Be Used
During the POI by Hongyi and Huacheng
I&E
XII. Analysis of Comments
Comment 1: The Countervailability of the
Government Provision of Coking Coal
and Steam Coal for Less Than Adequate
Remuneration (LTAR)
Comment 2: The Provision of Electricity for
LTAR
Comment 3: The Government Provision of
Inputs for LTAR
a. Input Producers are ‘‘Authorities’’
b. Inputs are Specific
c. Input Industries are Distorted (Tier-One
Benchmark for Inputs for LTAR)
Comment 4: Benchmarks for Steel Rounds/
Billets, Hot-Rolled and Cold-Rolled
Coiled Steel
Comment 5: The Appropriate Benchmark
for Ocean Freight
Comment 6: External Benchmark Interest
Rates for Loans
Comment 7: GOC Policy Loans During the
POI
Comment 8: Huacheng I&E’s Bank
Acceptance Bills
Comment 9: The Export Buyer’s Credit
Program
Comment 10: Income Tax Deductions for
R&D Expenses
Comment 11: The GOC’s Claims Regarding
Verification
Comment 12: The Department’s
Investigation of Uninitiated Programs
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
Comment 13: Minor Corrections to the
Department’s Preliminary Benefit
Calculation
XIII. Recommendation
[FR Doc. 2017–26608 Filed 12–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–029, C–570–030]
Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China:
Affirmative Preliminary Determination
of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that imports of certain coldrolled steel flat products (CRS),
produced in the Socialist Republic of
Vietnam (Vietnam) using carbon hotrolled steel (HRS) manufactured in the
People’s Republic of China (PRC), are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on CRS from the PRC.
DATES: Applicable December 11, 2017.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, Tyler Weinhold, or John
Drury, 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) 482–5075;
(202) 482–1121; or (202) 482–0195,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Certain domestic interested parties,
Steel Dynamics, Inc. (SDI), California
Steel Industries (CSI), ArcelorMittal
USA LLC (AMUSA), Nucor Corporation
(Nucor), United States Steel
Corporation, and AK Steel Corporation
(collectively, the domestic parties), filed
submissions 1 alleging that imports of
cold-rolled steel from Vietnam made
from HRS sourced from the PRC and
exported to the United States as cold1 See Domestic Parties’ Letter, ‘‘Certain ColdRolled Steel Flat Products from China: Request for
Circumvention Ruling,’’ dated September 22, 2016
(Circumvention Ruling Request September 22,
2017), and Petitioners’ Letter, ‘‘Certain Cold-Rolled
Steel Flat Products from the People’s Republic of
China—Request for Circumvention Ruling Pursuant
to Section 781(b) of the Tariff Act of 1930,’’ dated
September 27, 2016 (Circumvention Ruling Request
September 27, 2017).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
rolled steel of Vietnamese origin are
circumventing the CRS Orders.2 In their
submissions, domestic parties requested
the Department initiate anticircumvention inquiries pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.225(h), to determine whether the
importation of the PRC-origin HRS
substrate input for finishing into CRS in
Vietnam and subsequent sale of that
CRS to the United States constitutes
circumvention of the CRS Orders.
On November 17, 2016, the
Department published the notice of
initiation of anti-circumvention
inquiries on imports of CRS from
Vietnam.3 On August 29, 2017, the
Department postponed the final
determination of these inquiries and the
revised final deadlines are now
February 15, 2018.4 For a complete
description of the events that followed
the initiation of these inquiries, see the
Preliminary Decision Memorandum.5 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix I to this notice.
The Preliminary 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 to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
2 See Certain Cold-Rolled Steel Flat Products from
Japan and the People’s Republic of China:
Antidumping Duty Orders, 81 FR 45955 (July 14,
2016) (CRS AD Order), and Certain Cold-Rolled
Steel Flat Products from the People’s Republic of
China: Countervailing Duty Order, 81 FR 45960
(July 14, 2016) (CRS CVD Order) (collectively, CRS
Orders).
3 See Certain Cold-Rolled Steel Flat Products from
the People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 81 FR 81057
(November 17, 2016) (Initiation Notice).
4 See Letter, ‘‘Certain Cold-Rolled Steel Flat
Products (CRS) from the People’s Republic of China
(PRC): Extension of Anti-Circumvention Final
Rulings,’’ August 29, 2017.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determinations in the AntiCircumvention Inquiries of Certain Cold-Rolled
Steel Products from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
Scope of the Orders
The products covered by these orders
are certain cold-rolled (cold-reduced),
flat-rolled steel products, whether or not
annealed, painted, varnished, or coated
with plastics or other nonmetallic
substances. For a complete description
of the scope of the orders, see the
Preliminary Decision Memorandum.6
Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover cold-rolled steel produced in
Vietnam from HRS substrate input
manufactured in the PRC and
subsequently exported from Vietnam to
the United States (inquiry merchandise).
These preliminary rulings apply to all
shipments of inquiry merchandise on or
after the date of the initiation of these
inquiries.
Methodology
The Department is conducting these
anti-circumvention inquiries in
accordance with section 781(b) of the
Act. Because Vietnam and the PRC 7 are
non-market economy countries, within
the meaning of section 771(18) of the
Act, the Department has calculated the
value of certain processing and
merchandise using factors of production
and market economy values, as
discussed in section 773(c) of the Act.
For a full description of the
methodology underlying the
Department’s preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Finding
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine that CRS
produced in Vietnam from HRS sourced
from the PRC is circumventing the CRS
Orders. We therefore preliminarily
determine that it is appropriate to
include this merchandise within the
CRS Orders and to instruct U.S.
Customs and Border Protection (CBP) to
suspend any entries of CRS from
daltland on DSKBBV9HB2PROD with NOTICES
6 Id.
7 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) citing Memorandum to Gary
Taverman, ‘‘China’s Status as a Non-Market
Economy,’’ dated October 26, 2017. See also Certain
Oil Country Tubular Goods from the Socialist
Republic of Vietnam: Preliminary Results of
Antidumping Duty Administrative Review, 81 FR
24797 (October 14, 2016) (unchanged in Certain Oil
Country Tubular Goods from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty
Administrative Review; 2014–2015, 82 FR 18611
(April 20, 2017)).
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
Vietnam produced from HRS from the
PRC.
Suspension of Liquidation
As stated above, the Department has
made a preliminary affirmative finding
of circumvention of the CRS Orders by
exports to the United States of CRS
produced in Vietnam from PRC-origin
HRS. This circumvention finding
applies to CRS produced by any
Vietnamese company from PRC-origin
HRS substrate input. In accordance with
section 19 CFR 351.225(l)(2), the
Department will direct CBP to suspend
liquidation and to require a cash deposit
of estimated duties on unliquidated
entries of CRS produced in Vietnam
from PRC-origin HRS that were entered,
or withdrawn from warehouse, for
consumption on or after November 4,
2016, the date of initiation of the anticircumvention inquiry.
The suspension of liquidation
instructions will remain in effect until
further notice. In the underlying AD and
CVD investigations, there were no
cooperating respondents and,
accordingly, all producers/exporters, as
appropriate, of subject merchandise
received the same AD rate of 199.76 and
CVD rate of 256.44. Therefore, the
Department is using these rates, the only
rates on the records of these
proceedings. Thus, the Department will
instruct CBP to require AD cash
deposits equal to the rate of 199.76
percent and CVD cash deposits equal to
the rate 256.44 percent.
CRS produced in Vietnam from HRS
that is not of PRC-origin is not subject
to these inquiries. Therefore, cash
deposits are not required for such
merchandise. If an importer imports
CRS from Vietnam and it claims that the
CRS was not produced from HRS
substrate manufactured in the PRC, in
order not to be subject to cash deposit
requirements, the importer and exporter
are required to meet the certification
and documentation requirements
described in Appendix II. Exporters of
CRS produced from non-PRC origin
HRS substrate must prepare and
maintain an Exporter Certification and
documentation supporting the
Certification (see Appendix IV). In
addition, importers of such CRS must
prepare and maintain an Importer
Certification (see Appendix III) as well
as documentation supporting the
Importer Certification. Besides the
Importer Certification, the importer
must also maintain a copy of an
Exporter Certification (see Appendix IV)
and relevant supporting documentation
from its exporter of CRS who did not
use the PRC-origin HRC substrate.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
58179
Verification
As provided in 19 CFR 351.307, the
Department intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last final
verification report is issued in these
anti-circumvention inquiries, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.8 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
these anti-circumvention inquiries are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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.
International Trade Commission
Notification
The Department, consistent with
section 781(e) of the Act, has notified
the International Trade Commission
(ITC) of these preliminary
determinations to include the
merchandise subject to these anticircumvention inquiries within the CRS
Orders. Pursuant to section 781(e) of the
Act, the ITC may request consultations
concerning the Department’s proposed
inclusion of the subject merchandise. If,
after consultations, the ITC believes that
a significant injury issue is presented by
the proposed inclusion, it will have 60
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\11DEN1.SGM
11DEN1
58180
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
days from the date of notification by the
Department to provide written advice.
Notification to Interested Parties
These determinations are issued and
published in accordance with section
781(b) of the Act and 19 CFR 351.225(f).
Dated: December 5, 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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Voluntary Respondent Treatment
IV. Scope of the Orders
V. Scope of the Anti-Circumvention Inquiries
VI. Period of Review
VII. Surrogate Countries and Methodology for
Valuing Inputs From the PRC and
Processing in Vietnam
VIII. Statutory Framework
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using PRC-Origin
HRS
XII. Recommendation
daltland on DSKBBV9HB2PROD with NOTICES
Appendix II
Certification Requirements
If an importer imports certain cold-rolled
steel flat products (CRS) from the Socialist
Republic of Vietnam (Vietnam) and claims
that the CRS was not produced from hotrolled steel substrate (substrate)
manufactured in the People’s Republic of
China (PRC), the importer is required to
complete and maintain the importer
certification attached hereto as Appendix III.
The importer and exporter are required to
maintain the exporter certification attached
hereto as Appendix IV. The importer
certification must be completed, signed, and
dated at the time of the entry of the CRS
product. The exporter certification must be
completed, signed, and dated at the time of
shipment of the relevant entries. For
shipments and/or entries on or after
November 4, 2016, but before the publication
of this notice in the Federal Register, for
which certifications are required, importers
and exporters should complete the required
certification within 30 days of the
publication of this notice in the Federal
Register. The importer and Vietnamese
exporter are also required to maintain
sufficient documentation supporting their
certifications. The importer will not be
required to submit the certifications or
supporting documentation to U.S. Customs
and Border Protection (CBP) as part of the
entry process. However, the importer and the
exporter will be required to present the
certifications and supporting documentation,
to the Department and/or CBP, as applicable,
upon request by the respective agency.
Additionally, the claims made in the
certifications and any supporting
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
documentation are subject to verification by
the Department and/or CBP. The importer
and exporter are required to maintain the
certifications and supporting documentation
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries.
If it is determined that the certification and/
or documentation requirements in a
certification have not been met, the
Department intends to instruct CBP to
suspend, under the PRC CRS orders (A–570–
029, C–570–030), all unliquidated entries for
which these requirements were not met and
require the importer to post applicable
antidumping duty (AD) and countervailing
duty (CVD) cash deposits equal to the rates
as determined by the Department of
Commerce. Entries suspended under A–570–
029 and C–570–030 will be liquidated
pursuant to applicable administrative
reviews of the PRC orders or through the
automatic liquidation process.
Appendix III
Importer Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF IMPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the importation of the coldrolled steel flat products produced in
Vietnam that entered under entry number(s)
{INSERT ENTRY NUMBER(S)} and are
covered by this certification;
• I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification;
• These cold-rolled steel flat products
produced in Vietnam do not contain hotrolled steel substrate produced in the
People’s Republic of China (PRC):
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
records, upon request, to U.S. Customs and
Border Protection (CBP) and/or the
Department of Commerce (the Department);
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain and provide a copy of the exporter’s
certification and supporting records, upon
request, to CBP and/or the Department;
• I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or the Department;
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met and
Æ the requirement that the importer post
applicable antidumping duty (AD) and
countervailing duty (CVD) cash deposits
equal to the rates as determined by the
Department;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed at the
time of entry;
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature llllllllllllllll
lllllllllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
Appendix IV
Exporter Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF EXPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the production and
exportation of the cold-rolled steel flat
products identified below.
• These cold-rolled steel flat products
produced in Vietnam do not contain hotrolled steel substrate produced in the
People’s Republic of China (PRC):
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification to the U.S. importer at
the time of shipment;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (the
Department);
• I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or the
Department;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
Æ suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met and
Æ the requirement that the importer post
applicable antidumping duty (AD) and
countervailing duty (CVD) cash deposits
equal to the rates as determined by the
Department;
• This certification was completed at or
prior to the time of shipment;
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature llllllllllllllll
lllllllllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
[FR Doc. 2017–26607 Filed 12–8–17; 8:45 am]
BILLING CODE 3510–DS–P
II. Method of Collection
Depending on the permit being
requested, various applications, reports,
and telephone calls may be required
from applicants. Applications and
reports can be submitted via email, fax,
or traditional mail. Applicants are
encouraged to use electronic means to
apply for permits and submit reports
whenever possible.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; National Marine
Sanctuary Permits
National Oceanic and
Atmospheric Administration,
Commerce.
AGENCY:
ACTION:
Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
SUMMARY:
Written comments must be
submitted on or before February 9, 2018.
DATES:
Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at pracomments@doc.gov).
ADDRESSES:
daltland on DSKBBV9HB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Kate Spidalieri
(Kate.Spidalieri@noaa.gov; 240–533–
0679).
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:54 Dec 08, 2017
Jkt 244001
I. Abstract
This request is for extension of a
currently approved information
collection.
National marine sanctuary regulations
at 15 CFR part 922 list specific activities
that are prohibited in national marine
sanctuaries. These regulations also state
that otherwise prohibited activities are
permissible if a permit is issued by the
Office of National Marine Sanctuaries
(ONMS). Persons desiring a permit must
submit an application, and anyone
obtaining a permit is generally required
to submit one or more reports on the
activity allowed under the permit.
The recordkeeping and reporting
requirements at 15 CFR part 922 form
the basis for this collection of
information. This information is
required by ONMS to protect and
manage sanctuary resources as required
by the National Marine Sanctuaries Act
(16 U.S.C. 1431 et seq.).
III. Data
OMB Control Number: 0648–0141.
Form Number(s): None.
Type of Review: Regular submission
(extension of a currently approved
information collection).
Affected Public: Business or other forprofit organizations; individuals or
households; not-for-profit institutions;
Federal government; state, local, or
tribal government.
Estimated Number of Respondents:
555.
Estimated Time per Response:
General permits, 1 hour and 30 minutes;
special use permits, 8 hours; historical
resources permits, 13 hours; baitfish
permits and lionfish removal permits, 5
minutes; permit amendments and
certifications, 30 minutes; voluntary
registrations, 15 minutes; appeals, 24
hours; Tortugas access permits, 6
minutes.
Estimated Total Annual Burden
Hours: 2,095.
Estimated Total Annual Cost to
Public: $1,080.00 in recordkeeping/
reporting costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
58181
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 6, 2017.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2017–26664 Filed 12–8–17; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF836
International Affairs; U.S. Fishing
Opportunities in the Northwest Atlantic
Fisheries Organization Regulatory
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of U.S. fishing
opportunities.
AGENCY:
We are announcing 2018
fishing opportunities in the Northwest
Atlantic Fisheries Organization (NAFO)
Regulatory Area. This action is
necessary to make fishing privileges in
the NAFO Regulatory Area available on
an equitable basis to the extent possible.
The intended effect of this notice is to
alert U.S. fishing vessels of the NAFO
fishing opportunities, to relay the
available quotas available to U.S.
participants, and to outline the process
and requirements for vessels to apply to
participate in the 2018 NAFO fishery.
DATES: Valid from January 1, 2018,
through December 31, 2018. Expressions
of interest regarding fishing
opportunities in NAFO will be accepted
through December 26, 2017.
ADDRESSES: Expressions of interest
regarding U.S. fishing opportunities in
NAFO should be made in writing to
John K. Bullard, U.S. Commissioner to
SUMMARY:
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58178-58181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26607]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-029, C-570-030]
Certain Cold-Rolled Steel Flat Products From the People's
Republic of China: Affirmative Preliminary Determination of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that imports of certain cold-rolled steel flat products
(CRS), produced in the Socialist Republic of Vietnam (Vietnam) using
carbon hot-rolled steel (HRS) manufactured in the People's Republic of
China (PRC), are circumventing the antidumping duty (AD) and
countervailing duty (CVD) orders on CRS from the PRC.
DATES: Applicable December 11, 2017.
FOR FURTHER INFORMATION CONTACT: Victoria Cho, Tyler Weinhold, or John
Drury, 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-
5075; (202) 482-1121; or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
Certain domestic interested parties, Steel Dynamics, Inc. (SDI),
California Steel Industries (CSI), ArcelorMittal USA LLC (AMUSA), Nucor
Corporation (Nucor), United States Steel Corporation, and AK Steel
Corporation (collectively, the domestic parties), filed submissions \1\
alleging that imports of cold-rolled steel from Vietnam made from HRS
sourced from the PRC and exported to the United States as cold-rolled
steel of Vietnamese origin are circumventing the CRS Orders.\2\ In
their submissions, domestic parties requested the Department initiate
anti-circumvention inquiries pursuant to section 781(b) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine
whether the importation of the PRC-origin HRS substrate input for
finishing into CRS in Vietnam and subsequent sale of that CRS to the
United States constitutes circumvention of the CRS Orders.
---------------------------------------------------------------------------
\1\ See Domestic Parties' Letter, ``Certain Cold-Rolled Steel
Flat Products from China: Request for Circumvention Ruling,'' dated
September 22, 2016 (Circumvention Ruling Request September 22,
2017), and Petitioners' Letter, ``Certain Cold-Rolled Steel Flat
Products from the People's Republic of China--Request for
Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of
1930,'' dated September 27, 2016 (Circumvention Ruling Request
September 27, 2017).
\2\ See Certain Cold-Rolled Steel Flat Products from Japan and
the People's Republic of China: Antidumping Duty Orders, 81 FR 45955
(July 14, 2016) (CRS AD Order), and Certain Cold-Rolled Steel Flat
Products from the People's Republic of China: Countervailing Duty
Order, 81 FR 45960 (July 14, 2016) (CRS CVD Order) (collectively,
CRS Orders).
---------------------------------------------------------------------------
On November 17, 2016, the Department published the notice of
initiation of anti-circumvention inquiries on imports of CRS from
Vietnam.\3\ On August 29, 2017, the Department postponed the final
determination of these inquiries and the revised final deadlines are
now February 15, 2018.\4\ For a complete description of the events that
followed the initiation of these inquiries, see the Preliminary
Decision Memorandum.\5\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix I to this notice. The
Preliminary 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 to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See Certain Cold-Rolled Steel Flat Products from the
People's Republic of China: Initiation of Anti-Circumvention
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81
FR 81057 (November 17, 2016) (Initiation Notice).
\4\ See Letter, ``Certain Cold-Rolled Steel Flat Products (CRS)
from the People's Republic of China (PRC): Extension of Anti-
Circumvention Final Rulings,'' August 29, 2017.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determinations in the Anti-Circumvention Inquiries of Certain Cold-
Rolled Steel Products from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
[[Page 58179]]
Scope of the Orders
The products covered by these orders are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed, painted,
varnished, or coated with plastics or other nonmetallic substances. For
a complete description of the scope of the orders, see the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Scope of the Anti-Circumvention Inquiries
These anti-circumvention inquiries cover cold-rolled steel produced
in Vietnam from HRS substrate input manufactured in the PRC and
subsequently exported from Vietnam to the United States (inquiry
merchandise). These preliminary rulings apply to all shipments of
inquiry merchandise on or after the date of the initiation of these
inquiries.
Methodology
The Department is conducting these anti-circumvention inquiries in
accordance with section 781(b) of the Act. Because Vietnam and the PRC
\7\ are non-market economy countries, within the meaning of section
771(18) of the Act, the Department has calculated the value of certain
processing and merchandise using factors of production and market
economy values, as discussed in section 773(c) of the Act. For a full
description of the methodology underlying the Department's preliminary
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) citing
Memorandum to Gary Taverman, ``China's Status as a Non-Market
Economy,'' dated October 26, 2017. See also Certain Oil Country
Tubular Goods from the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative Review, 81 FR 24797
(October 14, 2016) (unchanged in Certain Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review; 2014-2015, 82 FR 18611 (April 20,
2017)).
---------------------------------------------------------------------------
Preliminary Finding
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that CRS produced in Vietnam from HRS sourced
from the PRC is circumventing the CRS Orders. We therefore
preliminarily determine that it is appropriate to include this
merchandise within the CRS Orders and to instruct U.S. Customs and
Border Protection (CBP) to suspend any entries of CRS from Vietnam
produced from HRS from the PRC.
Suspension of Liquidation
As stated above, the Department has made a preliminary affirmative
finding of circumvention of the CRS Orders by exports to the United
States of CRS produced in Vietnam from PRC-origin HRS. This
circumvention finding applies to CRS produced by any Vietnamese company
from PRC-origin HRS substrate input. In accordance with section 19 CFR
351.225(l)(2), the Department will direct CBP to suspend liquidation
and to require a cash deposit of estimated duties on unliquidated
entries of CRS produced in Vietnam from PRC-origin HRS that were
entered, or withdrawn from warehouse, for consumption on or after
November 4, 2016, the date of initiation of the anti-circumvention
inquiry.
The suspension of liquidation instructions will remain in effect
until further notice. In the underlying AD and CVD investigations,
there were no cooperating respondents and, accordingly, all producers/
exporters, as appropriate, of subject merchandise received the same AD
rate of 199.76 and CVD rate of 256.44. Therefore, the Department is
using these rates, the only rates on the records of these proceedings.
Thus, the Department will instruct CBP to require AD cash deposits
equal to the rate of 199.76 percent and CVD cash deposits equal to the
rate 256.44 percent.
CRS produced in Vietnam from HRS that is not of PRC-origin is not
subject to these inquiries. Therefore, cash deposits are not required
for such merchandise. If an importer imports CRS from Vietnam and it
claims that the CRS was not produced from HRS substrate manufactured in
the PRC, in order not to be subject to cash deposit requirements, the
importer and exporter are required to meet the certification and
documentation requirements described in Appendix II. Exporters of CRS
produced from non-PRC origin HRS substrate must prepare and maintain an
Exporter Certification and documentation supporting the Certification
(see Appendix IV). In addition, importers of such CRS must prepare and
maintain an Importer Certification (see Appendix III) as well as
documentation supporting the Importer Certification. Besides the
Importer Certification, the importer must also maintain a copy of an
Exporter Certification (see Appendix IV) and relevant supporting
documentation from its exporter of CRS who did not use the PRC-origin
HRC substrate.
Verification
As provided in 19 CFR 351.307, the Department intends to verify
information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in these anti-circumvention inquiries, unless the Secretary
alters the time limit. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than five days after the
deadline date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in these
anti-circumvention inquiries are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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.
International Trade Commission Notification
The Department, consistent with section 781(e) of the Act, has
notified the International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these anti-
circumvention inquiries within the CRS Orders. Pursuant to section
781(e) of the Act, the ITC may request consultations concerning the
Department's proposed inclusion of the subject merchandise. If, after
consultations, the ITC believes that a significant injury issue is
presented by the proposed inclusion, it will have 60
[[Page 58180]]
days from the date of notification by the Department to provide written
advice.
Notification to Interested Parties
These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f).
Dated: December 5, 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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Voluntary Respondent Treatment
IV. Scope of the Orders
V. Scope of the Anti-Circumvention Inquiries
VI. Period of Review
VII. Surrogate Countries and Methodology for Valuing Inputs From the
PRC and Processing in Vietnam
VIII. Statutory Framework
IX. Statutory Analysis
X. Country-Wide Determination
XI. Certification for Not Using PRC-Origin HRS
XII. Recommendation
Appendix II
Certification Requirements
If an importer imports certain cold-rolled steel flat products
(CRS) from the Socialist Republic of Vietnam (Vietnam) and claims
that the CRS was not produced from hot-rolled steel substrate
(substrate) manufactured in the People's Republic of China (PRC),
the importer is required to complete and maintain the importer
certification attached hereto as Appendix III. The importer and
exporter are required to maintain the exporter certification
attached hereto as Appendix IV. The importer certification must be
completed, signed, and dated at the time of the entry of the CRS
product. The exporter certification must be completed, signed, and
dated at the time of shipment of the relevant entries. For shipments
and/or entries on or after November 4, 2016, but before the
publication of this notice in the Federal Register, for which
certifications are required, importers and exporters should complete
the required certification within 30 days of the publication of this
notice in the Federal Register. The importer and Vietnamese exporter
are also required to maintain sufficient documentation supporting
their certifications. The importer will not be required to submit
the certifications or supporting documentation to U.S. Customs and
Border Protection (CBP) as part of the entry process. However, the
importer and the exporter will be required to present the
certifications and supporting documentation, to the Department and/
or CBP, as applicable, upon request by the respective agency.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by the
Department and/or CBP. The importer and exporter are required to
maintain the certifications and supporting documentation for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in
United States courts regarding such entries. If it is determined
that the certification and/or documentation requirements in a
certification have not been met, the Department intends to instruct
CBP to suspend, under the PRC CRS orders (A-570-029, C-570-030), all
unliquidated entries for which these requirements were not met and
require the importer to post applicable antidumping duty (AD) and
countervailing duty (CVD) cash deposits equal to the rates as
determined by the Department of Commerce. Entries suspended under A-
570-029 and C-570-030 will be liquidated pursuant to applicable
administrative reviews of the PRC orders or through the automatic
liquidation process.
Appendix III
Importer Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the importation of the cold-rolled steel flat products produced in
Vietnam that entered under entry number(s) {INSERT ENTRY
NUMBER(S){time} and are covered by this certification;
I have personal knowledge of the facts regarding the
production of the imported products covered by this certification;
These cold-rolled steel flat products produced in
Vietnam do not contain hot-rolled steel substrate produced in the
People's Republic of China (PRC):
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in the
United States courts regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to provide this certification and
supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (the Department);
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of the exporter's
certification for the later of (1) a period of five years from the
date of entry or (2) a period of three years after the conclusion of
any litigation in United States courts regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain and provide a copy of the
exporter's certification and supporting records, upon request, to
CBP and/or the Department;
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or the Department;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
equal to the rates as determined by the Department;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed at the time of entry;
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make material false statements to the U.S.
government.
Signature--------------------------------------------------------------
-----------------------------------------------------------------------
NAME OF COMPANY OFFICIAL
-----------------------------------------------------------------------
TITLE
-----------------------------------------------------------------------
DATE
Appendix IV
Exporter Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the cold-rolled steel flat
products identified below.
These cold-rolled steel flat products produced in
Vietnam do not contain hot-rolled steel substrate produced in the
People's Republic of China (PRC):
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in the
United States courts regarding such entries;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} must provide this Exporter Certification to the U.S.
importer at the time of shipment;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to provide a copy of this certification
and supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (the Department);
I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or the Department;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[[Page 58181]]
[cir] suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
equal to the rates as determined by the Department;
This certification was completed at or prior to the
time of shipment;
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make material false statements to the U.S.
government.
Signature--------------------------------------------------------------
-----------------------------------------------------------------------
NAME OF COMPANY OFFICIAL
-----------------------------------------------------------------------
TITLE
-----------------------------------------------------------------------
DATE
[FR Doc. 2017-26607 Filed 12-8-17; 8:45 am]
BILLING CODE 3510-DS-P
