Cast Iron Soil Pipe Fittings From China: Amended Preliminary Determination of Countervailing Duty Investigation, 2768-2769 [2018-00924]

Download as PDF 2768 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices standards, and safety management systems. determination is due no later than February 1, 2018. Public Comment Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, and determines that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. As described in the Initiation Notice, Commerce self-initiated this investigation under section 702(a) of the Act on the basis of information available to it pertaining to 26 subsidy programs.2 On December 20, 2017, Commerce selected mandatory respondents to this CVD investigation and issued countervailing duty questionnaires.3 On January 8, 2018, we received responses to the affiliation section of the CVD questionnaire from mandatory respondents Henan Mingtai Aluminum Industrial Co. Ltd. (Henan Mingtai); Yong Jie New Material Co. Ltd. (Yong Jie New Material); and Zhengzhou Mingtai Industry Co Ltd. (Zhengzhou Mingtai).4 In their responses, Henan Mingtai, Yong Jie New Material, and Zhengzhou Mingtai stated that they intend to provide complete questionnaire responses on behalf of themselves and multiple cross-owned entities.5 Given the large number of subsidy programs The time provided for public statements will depend upon the number of people who wish to speak. Speakers should assume that their presentations will be limited to three minutes or less, but commenters may submit written statements for the record. Contact Person for Further Information Hillary Cohen, Communications Manager, at public@csb.gov or (202) 446–8094. Further information about this public meeting can be found on the CSB website at: www.csb.gov. Dated: January 17, 2018. Raymond Porfiri, Deputy General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2018–01066 Filed 1–17–18; 4:15 pm] BILLING CODE 6350–01–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–074] Common Alloy Aluminum Sheet From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 19, 2018. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482–3813, Lana Nigro at (202) 482–1779, and John Anwesen at (202) 482–0131, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: daltland on DSKBBV9HB2PROD with NOTICES Background On November 28, 2017, the Department of Commerce (Commerce) self-initiated a countervailing duty (CVD) investigation of common alloy aluminum sheet (common alloy sheet) from the People’s Republic of China.1 Currently, the preliminary 1 See Common Alloy Aluminum Sheet from the People’s Republic of China: Initiation of Less-ThanFair-Value and Countervailing Duty Investigations, 82 FR 57214 (December 4, 2017) (Initiation Notice). VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 2 See Initiation Notice, and accompanying Supporting Memorandum for the Initiation of Countervailing Duty Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China (CVD Initiation Memo), dated November 28, 2017. 3 See Memorandum, re: Countervailing Duty Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China: Respondent Selection, dated December 20, 2017. See also Commerce Letter, ‘‘Countervailing Duty Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China: Countervailing Duty Questionnaire,’’ dated December 20, 2017. 4 See Letter from Henan Mingtai and Zhengzhou Mingtai, ‘‘Common Alloy Aluminum Sheet from the People’s Republic of China: Mingtai CVD Section III Affiliation Response,’’ dated January 8, 2018; Letter from Yong Jie New Material, ‘‘Common Alloy Aluminum Sheet from the People’s Republic of China: Yong Jie New Material CVD Section III Affiliation Response,’’ dated January 8, 2018. 5 Id. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 that Commerce is investigating in this proceeding, many of which involve complex methodological issues, and the large number of mandatory respondents and their cross-owned entities that are participating in this investigation, Commerce determines that this investigation is extraordinarily complicated and additional time is necessary to issue a preliminary determination. Therefore, in accordance with section 703(c)(1)(B) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which the investigation was initiated, i.e., April 9, 2018.6 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: January 12, 2018. 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. 2018–00922 Filed 1–18–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–063] Cast Iron Soil Pipe Fittings From China: Amended Preliminary Determination of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 19, 2017, the Department of Commerce (Commerce) published in the Federal Register the preliminary determination of the countervailing duty (CVD) investigation on cast iron soil pipe fittings from the People’s Republic of China (China). Commerce is amending the preliminary determination of the investigation to correct a significant ministerial error. AGENCY: 6 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, April 7, 2018. Commerce’s practice dictates 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). E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices DATES: Applicable December 19, 2017. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5973 or (202) 482– 0339, respectively. SUPPLEMENTARY INFORMATION: On December 19, 2017, Commerce published in the Federal Register the preliminary determination of the CVD investigation of cast iron soil pipe fittings from China.1 On December 18, 2017, Wor-Biz International Trading Co., Ltd. (Anhui) (Wor-Biz) timely alleged that Commerce made a significant ministerial error in the Preliminary Determination. Significant Ministerial Error A ministerial error, as defined in section 705(e) of the Tariff Act of 1930, as amended (the Act), includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ 2 With respect to preliminary determinations, 19 CFR 351.224(e) provides that Commerce ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination. . . .’’ A significant ministerial error is defined as an error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the countervailable subsidy rate calculated in the original (erroneous) preliminary determination; or (2) a difference between a countervailable subsidy rate of zero (or de minimis) and a countervailable subsidy rate of greater than de minimis, or vice versa.3 daltland on DSKBBV9HB2PROD with NOTICES Ministerial Error Allegation Wor-Biz alleges that, in the Preliminary Determination, Commerce erred in calculating the benchmark prices for the Provision of Pig Iron for LTAR and the Provision of Ferrous 1 See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 60178 (December 19, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See also 19 CFR 351.224(f). 3 See 19 CFR 351.224(g)(1) and (2). VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 2769 Scrap for LTAR programs by unintentionally double-counting the distance for inland freight. We agree. Therefore, as explained in the Ministerial Error Memorandum issued concurrently with this notice,4 and pursuant to 19 CFR 351.224(e) and (g), Commerce is amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the calculation of the subsidy rate for Wor-Biz. This amended preliminary determination is published in accordance with sections 705(e) and 777(i)(1) of the Act and 19 CFR 351.224(e) and (g). Amended Preliminary Determination [FR Doc. 2018–00924 Filed 1–18–18; 8:45 am] Dated: January 12, 2018. 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. BILLING CODE 3510–DS–P We are amending the preliminary subsidy rate for Wor-Biz pursuant to 19 CFR 351.224(e). In addition, because the preliminary ‘‘All-Others’’ Rate was based on the weighted average of the subsidy rates calculated for Wor-Biz and Shanxi Xuanshi Industrial Group Co., Ltd,5 we are also amending the ‘‘AllOthers’’ rate to account for the change in Wor-Biz’s subsidy rate. Further, because the adverse facts available rate assigned to the non-cooperative respondent Shijiazhuang Chengmei Import & Export Co., Ltd. was determined using, in part, the highest calculated program-specific rates determined for the cooperating respondents,6 we are also amending the adverse facts available rate to account for our correction of Wor-Biz’s Provision of Pig Iron for LTAR and Provision of Ferrous Scrap for LTAR program rates.7 The revised subsidy rates are as follows: Subsidy rate (percent) Company DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable January 19, 2018. FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168 or (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 3, 2017, the Department of 8 8.66 Commerce (Commerce) published a notice of opportunity to request an 7.37 administrative review of the 8.12 antidumping duty order on certain pasta 1 96.96 from Italy. Pursuant to requests from interested parties,2 Commerce published in the Federal Register the 4 See Memorandum ‘‘Countervailing Duty notice of initiation of this antidumping Investigation of Cast Iron Soil Pipe Fittings from duty administrative review with respect China: Allegation of Significant Ministerial Error in to the following companies for the the Preliminary Determination,’’ dated concurrently period July 1, 2016, through June 30, with this notice (Ministerial Error Memorandum). 2017: Agritalia S.r.L. (Agritalia), Alessio This memorandum is on file electronically via Shanxi Xuanshi Industrial Group Co., Ltd .................. Wor-Biz International Trading Co., Ltd. (Anhui) ................ All-Others .............................. Shijiazhuang Chengmei Import & Export Co., Ltd ....... Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. 5 See Preliminary Determination, 82 FR at 60179. 6 For further explanation, see Preliminary Determination and accompanying Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 7 See Ministerial Error Memorandum for additional information on the revised adverse facts available rate. 8 This rate remains unchanged from the Preliminary Determination. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 82 FR 30833 (July 3, 2017). 2 The petitioners are Dakota Growers Pasta Company, Riviana Foods (formerly New World Pasta Company) and Treehouse Foods (formerly American Italian Pasta Company). The petitioners requested a review of Industria Alimentare Colavita S.p.A., Ghigi Industria Agroalimentare in San Clemente S.r.l. and its affiliate Pasta Zara S.p.A., and Agritalia S.r.L. See Letter from the petitioners to Commerce, ‘‘Request for 2016–2017 Administrative Reviews of the Antidumping Duty Order on Certain Pasta from ltaly,’’ dated July 31, 2017. E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2768-2769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00924]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]


Cast Iron Soil Pipe Fittings From China: Amended Preliminary 
Determination of Countervailing Duty Investigation

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

SUMMARY: On December 19, 2017, the Department of Commerce (Commerce) 
published in the Federal Register the preliminary determination of the 
countervailing duty (CVD) investigation on cast iron soil pipe fittings 
from the People's Republic of China (China). Commerce is amending the 
preliminary determination of the investigation to correct a significant 
ministerial error.

[[Page 2769]]


DATES: Applicable December 19, 2017.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 
or (202) 482-0339, respectively.

SUPPLEMENTARY INFORMATION: On December 19, 2017, Commerce published in 
the Federal Register the preliminary determination of the CVD 
investigation of cast iron soil pipe fittings from China.\1\ On 
December 18, 2017, Wor-Biz International Trading Co., Ltd. (Anhui) 
(Wor-Biz) timely alleged that Commerce made a significant ministerial 
error in the Preliminary Determination.
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    \1\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination With Final Antidumping Duty 
Determination, 82 FR 60178 (December 19, 2017) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
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Significant Ministerial Error

    A ministerial error, as defined in section 705(e) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \2\ With respect to preliminary determinations, 19 CFR 
351.224(e) provides that Commerce ``will analyze any comments received 
and, if appropriate, correct any significant ministerial error by 
amending the preliminary determination. . . .'' A significant 
ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in: (1) A 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the countervailable subsidy rate calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis, or vice 
versa.\3\
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    \2\ See also 19 CFR 351.224(f).
    \3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    Wor-Biz alleges that, in the Preliminary Determination, Commerce 
erred in calculating the benchmark prices for the Provision of Pig Iron 
for LTAR and the Provision of Ferrous Scrap for LTAR programs by 
unintentionally double-counting the distance for inland freight. We 
agree. Therefore, as explained in the Ministerial Error Memorandum 
issued concurrently with this notice,\4\ and pursuant to 19 CFR 
351.224(e) and (g), Commerce is amending the Preliminary Determination 
to reflect the correction of a significant ministerial error made in 
the calculation of the subsidy rate for Wor-Biz.
---------------------------------------------------------------------------

    \4\ See Memorandum ``Countervailing Duty Investigation of Cast 
Iron Soil Pipe Fittings from China: Allegation of Significant 
Ministerial Error in the Preliminary Determination,'' dated 
concurrently with this notice (Ministerial Error Memorandum). This 
memorandum 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building.
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Amended Preliminary Determination

    We are amending the preliminary subsidy rate for Wor-Biz pursuant 
to 19 CFR 351.224(e). In addition, because the preliminary ``All-
Others'' Rate was based on the weighted average of the subsidy rates 
calculated for Wor-Biz and Shanxi Xuanshi Industrial Group Co., Ltd,\5\ 
we are also amending the ``All-Others'' rate to account for the change 
in Wor-Biz's subsidy rate. Further, because the adverse facts available 
rate assigned to the non-cooperative respondent Shijiazhuang Chengmei 
Import & Export Co., Ltd. was determined using, in part, the highest 
calculated program-specific rates determined for the cooperating 
respondents,\6\ we are also amending the adverse facts available rate 
to account for our correction of Wor-Biz's Provision of Pig Iron for 
LTAR and Provision of Ferrous Scrap for LTAR program rates.\7\ The 
revised subsidy rates are as follows:
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    \5\ See Preliminary Determination, 82 FR at 60179.
    \6\ For further explanation, see Preliminary Determination and 
accompanying Preliminary Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
    \7\ See Ministerial Error Memorandum for additional information 
on the revised adverse facts available rate.
    \8\ This rate remains unchanged from the Preliminary 
Determination.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd................        \8\ 8.66
Wor-Biz International Trading Co., Ltd. (Anhui).........            7.37
All-Others..............................................            8.12
Shijiazhuang Chengmei Import & Export Co., Ltd..........           96.96
------------------------------------------------------------------------

    This amended preliminary determination is published in accordance 
with sections 705(e) and 777(i)(1) of the Act and 19 CFR 351.224(e) and 
(g).

    Dated: January 12, 2018.
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. 2018-00924 Filed 1-18-18; 8:45 am]
 BILLING CODE 3510-DS-P