Silicomanganese From the People's Republic of China and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders, 5609-5611 [2018-02523]
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices
Commerce, 1401 Constitution Ave. NW,
Washington, DC 20230.
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: February 2, 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.
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Gross 1
subsidy
($/lb)
Net 2
subsidy
($/lb)
Country
Program(s)
28 European Union Member States 3 ..........................
Canada .........................................................................
Norway ..........................................................................
European Union Restitution Payments ........................
Export Assistance on Certain Types of Cheese ..........
Indirect (Milk) Subsidy ..................................................
Consumer Subsidy .......................................................
$ 0.00
0.45
0.00
0.00
$0.00
0.45
0.00
0.00
Total .......................................................................
Switzerland ...................................................................
.......................................................................................
Deficiency Payments ....................................................
0.00
0.00
0.00
0.00
1 Defined
in 19 U.S.C. 1677(5).
in 19 U.S.C. 1677(6).
28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
2 Defined
3 The
[FR Doc. 2018–02519 Filed 2–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Review: Notice of Request for Panel
Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
AGENCY:
Notice of NAFTA Request for
Panel Review in the matter of 100- to
150-Seat Large Civil Aircraft from
Canada: Final Affirmative
Determination of Sales at Less Than Fair
Value (Secretariat File Number: USA–
CDA–2018–1904–02).
ACTION:
Requests for Panel Review
were filed on behalf of Bombardier Inc.
and C Series Aircraft Limited
Partnership and the Government of
Canada with the United States Section
of the NAFTA Secretariat on January 19,
2018, pursuant to NAFTA Article 1904.
Panel Review was requested of the
Department of Commerce’s Final
Affirmative Determination of Sales at
Less Than Fair Value regarding 100- to
150-Seat Large Civil Aircraft from
Canada. The final determination was
published in the Federal Register on
December 27, 2017 (82 FR 61,255). The
NAFTA Secretariat has assigned case
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SUMMARY:
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number USA–CDA–2018–1904–02 to
this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established NAFTA Rules of
Procedure for Article 1904 Binational
Panel Reviews, which were adopted by
the three governments for panels
requested pursuant to Article 1904(2) of
NAFTA which requires Requests for
Panel Review to be published in
accordance with Rule 35. For the
complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is February 20, 2018);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
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support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
March 5, 2018); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: February 2, 2018.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018–02475 Filed 2–7–18; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–864, A–823–805]
Silicomanganese From the People’s
Republic of China and Ukraine: Final
Results of Expedited Fourth Sunset
Reviews of the Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset
reviews, the Department of Commerce
(Commerce) finds that revocation of the
antidumping duty (AD) orders on
AGENCY:
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices
no substantive response from any other
domestic or respondent interested
parties in this proceeding, nor was a
hearing requested. As a result, pursuant
to 19 CFR 351.218(e)(1)(ii)(C),
Commerce conducted expedited (120day) sunset reviews of the AD Orders.
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. If the new
deadline falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final results of these sunset reviews
is now February 5, 2018.7
Background
On October 4, 2017, Commerce
published the notice of initiation of the
fourth sunset reviews of the
antidumping duty orders 1 on
silicomanganese from China and
Ukraine, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On October 19, 2017, Commerce
received a notice of intent to participate
from Eramet Marietta, Inc. (Eramet),
within the deadline specified in 19 CFR
351.218(d)(1)(i).3 On October 9, 2017,
Commerce received a letter from the
Trade Defense Department of the
Ministry of Economic Development and
Trade (TDDMEDT) of Ukraine in which
TDDMEDT stated its intent to
participate as an interested party in this
proceeding.4 Eramet claimed interested
party status under section 771(9)(C) of
the Act, as a domestic producer of
silicomanganese.5 On November 3,
2017, Commerce received complete
substantive responses from Eramet
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).6 We received
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silicomanganese from the People’s
Republic of China (China) and Ukraine
would be likely to lead to continuation
or recurrence of dumping at the
dumping margins identified in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Applicable February 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Degreenia, 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) 482–6430.
SUPPLEMENTARY INFORMATION:
Scope of the AD Orders
The merchandise covered by these
orders is silicomanganese.
Silicomanganese, which is sometimes
called ferrosilicon manganese, is a
ferroalloy composed principally of
manganese, silicon, and iron, and
normally contains much smaller
proportions of minor elements, such as
carbon, phosphorous and sulfur.
Silicomanganese generally contains by
weight not less than 4 percent iron,
more than 30 percent manganese, more
than 8 percent silicon and not more
than 3 percent phosphorous. All
compositions, forms and sizes of
silicomanganese are included within the
scope of these orders, including
silicomanganese slag, fines and
briquettes. Silicomanganese is used
primarily in steel production as a source
of both silicon and manganese.
Silicomanganese is currently
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Some silicomanganese may also
currently be classifiable under HTSUS
subheading 7202.99.5040.8 The AD
Orders cover all silicomanganese,
regardless of its tariff classification.
1 See Notice of Antidumping Duty Order:
Silicomanganese from the People’s Republic of
China (PRC), 59 FR 66003 (December 22, 1994) and
Suspension Agreement on Silicomanganese from
Ukraine; Termination of Suspension Agreement
and Notice of Antidumping Duty Order, 66 FR
43838, August 21, 2001 (AD Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 82
FR 46221 (October 4, 2017).
3 See letters from Eramet, ‘‘Five-Year (‘‘Sunset’’)
Review of Antidumping Duty Order on
Silicomanganese from the People’s Republic of
China: Notice of Intent to Participate,’’ dated
October 19, 2017 (Eramet China NOITP) and ‘‘FiveYear (‘‘Sunset’’) Review of Antidumping Duty
Order on Silicomanganese from Ukraine: Notice of
Intent to Participate,’’ dated October 19, 2017
(Eramet Ukraine NOITP).
4 See letter from Government of Ukraine, ‘‘Entry
of Appearance: Five-Year ‘‘Sunset’’ Review of the
Antidumping Duty Order on Silicomanganese from
China, and Ukraine (4th Review), DOC Case No. A–
823–805,’’ dated October 9, 2017.
5 See Eramet China NOITP, at 1; and Eramet
Ukraine NOITP, at 1.
6 See letters from Eramet, ‘‘Five-Year (‘‘Sunset’’)
Review of Antidumping Duty Order on
Silicomanganese from the People’s Republic of
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China: Eramet’s Substantive Response to Notice of
Initiation,’’ dated November 3, 2017 (Eramet China
Substantive Response) and ‘‘Five-Year (‘‘Sunset’’)
Review of Antidumping Duty Order on
Silicomanganese from Ukraine: Eramet’s
Substantive Response to Notice of Initiation,’’ dated
November 3, 2017 (Eramet Ukraine Substantive
Response).
7 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
8 7202.99.5040 is the applicable HTSUS statistical
reporting prior to July 2, 2003. Effective July 2,
2003, the subject merchandise that would originally
have entered under 7202.99.5040 now enters under
7202.99.8040.
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Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
AD Orders remains dispositive.9
Analysis of Comments Received
All issues raised in these sunset
reviews, including the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the AD Orders were
revoked, are addressed in the Issues and
Decision Memorandum,10 dated
concurrently with, and hereby adopted
by this notice. 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 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
at https://enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Final Results of Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, we
determine that revocation of the AD
Orders on silicomanganese from China
and Ukraine 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 150 percent for China and 163
percent for Ukraine.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to an
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 is
hereby requested. Failure to comply
9 See Continuation of Antidumping Duty Orders:
Silicomanganese from the People’s Republic of
China and Ukraine, 77 FR 66956 (November 8,
2012).
10 See Commerce’s memorandum, ‘‘Issues and
Decision Memorandum for the Final Results of the
Expedited Fourth Sunset Review of the
Antidumping Duty Order on Silicomanganese from
the People’s Republic of China and Ukraine,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
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Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices
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 and 19 CR 351.218.
Dated: February 2, 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. 2018–02523 Filed 2–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–836]
Glycine From the People’s Republic of
China: Final Results of the Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines, in the context
of the changed circumstance review
(CCR) of the antidumping duty order on
glycine from the People’s Republic of
China (China), that Salvi Chemical
Industries Ltd. (Salvi) and its importers,
are ineligible to participate in a
certification process because, after
further review of the record evidence
and comments submitted, we find Salvi
has not demonstrated that the sales of
glycine examined are of non-Chinese
origin. As a result, glycine produced by
Salvi continues to be subject to the
Order on glycine.
DATES: Applicable February 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren, 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) 482–9179.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
Commerce initiated this CCR on
November 16, 2016, and published the
Preliminary Results on August 11,
2017.1 Commerce has exercised its
discretion to toll deadlines for the
1 See Glycine from the People’s Republic of
China: Initiation of Antidumping Duty Changed
Circumstances Review, 81 FR 81064 (November 17,
2016); see also Glycine from the People’s Republic
of China: Preliminary Results of Changed
Circumstances Review, 82 FR 37564 (August 11,
2017) (Preliminary Results).
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17:18 Feb 07, 2018
Jkt 244001
duration of the closure of the Federal
Government from January 20 through
22, 2018. If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final results of
this review is now February 5, 2018.2
For a description of events that have
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3 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 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 https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Scope of the Order
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).4 Although the
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days. The new deadline falls on Sunday, February
4, 2018. The next business day is Monday, February
5, 2018.
3 See ‘‘Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Changed
Circumstances Review of Glycine from the People’s
Republic of China,’’ dated concurrently with and
hereby adopted in this notice (Issues and Decision
Memorandum).
4 In separate scope rulings, Commerce determined
that: (a) D(-) Phenylglycine Ethyl Dane Salt is
outside the scope of the order and (b) Chineseorigin glycine exported from India remains the
same class or kind of merchandise as the Chineseorigin glycine imported into India. See Notice of
Scope Rulings and Anticircumvention Inquiries, 62
FR 62288 (November 21, 1997) and Circumvention
Notice, respectively.
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5611
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
under the order is dispositive.5
Analysis of Comments Received
All issues raised by GEO, the
domestic interested party, in its case
brief are addressed in the Issues and
Decision Memorandum. No other party
filed a case or rebuttal brief. A list of the
issues addressed in the Issues and
Decision Memorandum is appended to
this notice.
Final Results of the Changed
Circumstances Review
Commerce finds that, based upon the
record of the CCR, Salvi has not
demonstrated that its sales of glycine are
of non-Chinese origin, and therefore,
Salvi, along with its importers, are not
permitted to participate in the
certification process. Thus, glycine
produced by Salvi continues to be
subject to the Order.6
Notification to Parties
This notice is the only reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Commerce is issuing and publishing
these results in accordance with
sections 751(b)(1) and (4) and 777(i) of
the Tariff Act of 1930, as amended, and
19 CFR 351.216 and 19 CFR
351.221(c)(3)(i).
Dated: February 2, 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.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
Comment 1: Whether Salvi is Producing
Glycine from Non-Chinese Origin Raw
5 See Antidumping Duty Order: Glycine from the
People’s Republic of China, 60 FR 16116 (March 29,
1995) (Order).
6 This determination applies to all importers of
glycine produced by Salvi, including Nutracare
International (Nutracare).
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]]>Agencies
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5609-5611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-864, A-823-805]
Silicomanganese From the People's Republic of China and Ukraine:
Final Results of Expedited Fourth Sunset Reviews of the Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
orders on
[[Page 5610]]
silicomanganese from the People's Republic of China (China) and Ukraine
would be likely to lead to continuation or recurrence of dumping at the
dumping margins identified in the ``Final Results of Review'' section
of this notice.
DATES: Applicable February 8, 2018.
FOR FURTHER INFORMATION CONTACT: Joseph Degreenia, 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) 482-6430.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2017, Commerce published the notice of initiation of
the fourth sunset reviews of the antidumping duty orders \1\ on
silicomanganese from China and Ukraine, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act).\2\ On October 19, 2017,
Commerce received a notice of intent to participate from Eramet
Marietta, Inc. (Eramet), within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\ On October 9, 2017, Commerce received a letter
from the Trade Defense Department of the Ministry of Economic
Development and Trade (TDDMEDT) of Ukraine in which TDDMEDT stated its
intent to participate as an interested party in this proceeding.\4\
Eramet claimed interested party status under section 771(9)(C) of the
Act, as a domestic producer of silicomanganese.\5\ On November 3, 2017,
Commerce received complete substantive responses from Eramet within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i).\6\ We received no
substantive response from any other domestic or respondent interested
parties in this proceeding, nor was a hearing requested. As a result,
pursuant to 19 CFR 351.218(e)(1)(ii)(C), Commerce conducted expedited
(120-day) sunset reviews of the AD Orders. Commerce has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from January 20 through 22, 2018. If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results of these sunset reviews is now February
5, 2018.\7\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Silicomanganese from
the People's Republic of China (PRC), 59 FR 66003 (December 22,
1994) and Suspension Agreement on Silicomanganese from Ukraine;
Termination of Suspension Agreement and Notice of Antidumping Duty
Order, 66 FR 43838, August 21, 2001 (AD Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 46221
(October 4, 2017).
\3\ See letters from Eramet, ``Five-Year (``Sunset'') Review of
Antidumping Duty Order on Silicomanganese from the People's Republic
of China: Notice of Intent to Participate,'' dated October 19, 2017
(Eramet China NOITP) and ``Five-Year (``Sunset'') Review of
Antidumping Duty Order on Silicomanganese from Ukraine: Notice of
Intent to Participate,'' dated October 19, 2017 (Eramet Ukraine
NOITP).
\4\ See letter from Government of Ukraine, ``Entry of
Appearance: Five-Year ``Sunset'' Review of the Antidumping Duty
Order on Silicomanganese from China, and Ukraine (4th Review), DOC
Case No. A-823-805,'' dated October 9, 2017.
\5\ See Eramet China NOITP, at 1; and Eramet Ukraine NOITP, at
1.
\6\ See letters from Eramet, ``Five-Year (``Sunset'') Review of
Antidumping Duty Order on Silicomanganese from the People's Republic
of China: Eramet's Substantive Response to Notice of Initiation,''
dated November 3, 2017 (Eramet China Substantive Response) and
``Five-Year (``Sunset'') Review of Antidumping Duty Order on
Silicomanganese from Ukraine: Eramet's Substantive Response to
Notice of Initiation,'' dated November 3, 2017 (Eramet Ukraine
Substantive Response).
\7\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
---------------------------------------------------------------------------
Scope of the AD Orders
The merchandise covered by these orders is silicomanganese.
Silicomanganese, which is sometimes called ferrosilicon manganese, is a
ferroalloy composed principally of manganese, silicon, and iron, and
normally contains much smaller proportions of minor elements, such as
carbon, phosphorous and sulfur. Silicomanganese generally contains by
weight not less than 4 percent iron, more than 30 percent manganese,
more than 8 percent silicon and not more than 3 percent phosphorous.
All compositions, forms and sizes of silicomanganese are included
within the scope of these orders, including silicomanganese slag, fines
and briquettes. Silicomanganese is used primarily in steel production
as a source of both silicon and manganese.
Silicomanganese is currently classifiable under subheading
7202.30.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Some silicomanganese may also currently be classifiable under
HTSUS subheading 7202.99.5040.\8\ The AD Orders cover all
silicomanganese, regardless of its tariff classification. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the AD Orders remains dispositive.\9\
---------------------------------------------------------------------------
\8\ 7202.99.5040 is the applicable HTSUS statistical reporting
prior to July 2, 2003. Effective July 2, 2003, the subject
merchandise that would originally have entered under 7202.99.5040
now enters under 7202.99.8040.
\9\ See Continuation of Antidumping Duty Orders: Silicomanganese
from the People's Republic of China and Ukraine, 77 FR 66956
(November 8, 2012).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in these sunset reviews, including the likelihood
of continuation or recurrence of dumping and the magnitude of the
margins likely to prevail if the AD Orders were revoked, are addressed
in the Issues and Decision Memorandum,\10\ dated concurrently with, and
hereby adopted by this notice. 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 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 at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
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\10\ See Commerce's memorandum, ``Issues and Decision Memorandum
for the Final Results of the Expedited Fourth Sunset Review of the
Antidumping Duty Order on Silicomanganese from the People's Republic
of China and Ukraine,'' dated concurrently with this notice (Issues
and Decision Memorandum).
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Final Results of Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we
determine that revocation of the AD Orders on silicomanganese from
China and Ukraine 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 150 percent for
China and 163 percent for Ukraine.
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an 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 is hereby requested. Failure to
comply
[[Page 5611]]
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 and
19 CR 351.218.
Dated: February 2, 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. 2018-02523 Filed 2-7-18; 8:45 am]
BILLING CODE 3510-DS-P
