Foundry Coke Products From the People's Republic of China: Continuation of Antidumping Duty Order, 22007-22008 [2018-10068]

Download as PDF Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices as certified to the U.S. Department of Energy pursuant to 10 CFR 429.12 and 10 CFR 429.20, and in accordance with the test procedures established in 10 CFR part 430. The products subject to these Orders are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to these Orders may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. sradovich on DSK3GMQ082PROD with NOTICES Proposed Revocation of the Orders Whirlpool requests that the Orders be revoked with respect to all unliquidated entries of FL CIM/Belt washers. Should Commerce determine to revoke the Orders, in part, Whirlpool proposes that Commerce amend the scope language as follows: ‘‘{A}lso excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a horizontal rotational axis; (2) are front loading; and (3) have a drive train consisting, inter alia, of (a) a controlled induction motor and (b) a belt drive.’’ 14 Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Orders, in Part Pursuant to section 751(b)(1) of the Act, Commerce will conduct a changed circumstances review upon receipt of a request from an interested party that shows changed circumstances sufficient to warrant a review of an order.15 In accordance with 19 CFR 351.216(d), Commerce determines that the information submitted by Whirlpool constitutes sufficient evidence to conduct changed circumstances reviews of the Orders. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that Commerce may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In its administrative practice, Commerce has interpreted ‘‘substantially all’’ to mean producers accounting for at least 14 Whirlpool proposes that the following words be defined as follows: (1) ‘‘front loading’’ means that ‘‘access to the basket is from the front of the washer;’’ and (3) a ‘‘controlled induction motor’’ is ‘‘an asynchronous, alternating current, polyphase induction motor.’’ 15 See 19 CFR 351.216. VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 85 percent of the total U.S. production of the domestic like product covered by the order.16 As discussed below, we are providing interested parties with an opportunity to address the issue of domestic industry support (i.e., support by ‘‘substantially all’’ of the domestic industry) with respect to this requested partial revocation of the Orders, as explained below. After examining comments, if any, concerning domestic industry support, Commerce will issue the preliminary results of these changed circumstances reviews. Public Comment In its request, Whirlpool acknowledges that it is unclear whether the company represents substantially all of the domestic industry, and, therefore, requests that Commerce solicit comments from other members of the domestic industry.17 Accordingly, we invite members of the domestic industry to provide comments, including their domestic production data of LRWs for 2017.18 Other interested parties may also provide comments regarding these changed circumstances reviews, including comments concerning industry support under section 782(h) of the Act. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the deadline for comments and/or factual information.19 All submissions must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).20 An electronically filed document must be received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on the due dates set forth in this notice. 16 See, e.g., Certain Cased Pencils from the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, and Intent To Revoke Order in Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order, in Part, 77 FR 53176 (August 31, 2012). 17 See Whirlpool Request at 6. 18 Parties should provide the volume (in number of units) and value (in U.S. dollars) of their domestic production of LRWs for 2017. 19 Submission of rebuttal factual information must comply with 19 CFR 351.301(b)(2). 20 See, generally, 19 CFR 351.303. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 22007 Preliminary and Final Results of the Reviews Commerce intends to publish in the Federal Register a notice of the preliminary results of these changed circumstances reviews in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set forth Commerce’s preliminary factual and legal conclusions. Commerce will issue its final results of these changed circumstances reviews in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is published in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Dated: May 7, 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. 2018–10070 Filed 5–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–862] Foundry Coke Products From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on foundry coke products (foundry coke) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on foundry coke from China. DATES: Applicable May 11, 2018. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; Telephone: 202.482.0413. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 31, 2001, Commerce published in the Federal Register its E:\FR\FM\11MYN1.SGM 11MYN1 22008 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices final determination in the less-than-fair value investigation of foundry coke from China.1 On September 17, 2001, Commerce published the Order on foundry coke from China.2 On May 1, 2017, the Department published the notice of initiation of the third sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).3 Commerce conducted the sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete and adequate response from domestic interested parties, but no substantive responses from respondent interested parties.4 As a result of its expedited sunset review, Commerce determined that revocation of the Order would likely lead to a continuation or recurrence of dumping.5 The Department, therefore, notified the ITC of the magnitude of the margins likely to prevail should the Order be revoked. On April 24, 2018, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD order on foundry coke from China would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.6 Scope of the Order sradovich on DSK3GMQ082PROD with NOTICES The product covered under the order is coke larger than 100 mm (4 inches) in maximum diameter and at least 50 percent of which is retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The foundry coke products subject to the order are currently classifiable under subheading 2704.00.0011 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs 1 See Final Determination or Sales at Less Than Fair Value: Foundry Coke Products from the People’s Republic of China, 66 FR 39487 (July 31, 2001). 2 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Foundry Coke Products from The People’s Republic of China, 66 FR 48025 (September 17, 2001) (Order). 3 See Initiation of Five-Year (Sunset) Review, 82 FR 20314 (May 1, 2017). 4 See Domestic Producers’ submission, ‘‘Foundry Coke from China, Third Sunset Review: Substantive Response to Notice of Initiation of Sunset Review,’’ dated May 31, 2017. 5 See Foundry Coke Products from the People’s Republic of China Final Results of the Expedited Sunset Reviews of the Antidumping Duty Order, 82 FR 41598 (September 1, 2017). 6 See Foundry Coke from China (No. 731–TA–891 (Third Review)), 83 FR 17849 (April 24, 2018). VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 purposes, our written description of the scope of the order is dispositive.7 Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order on foundry coke from China. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: May 7, 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. 2018–10068 Filed 5–10–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–838] Clad Steel Plate From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, Commerce finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: DATES: Applicable May 11, 2018. 7 See Foundry Coke Products from the People’s Republic of China, 77 FR 34012 (June 8, 2012). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693. SUPPLEMENTARY INFORMATION: Background On January 2, 2018, Commerce published the notice of initiation of the fourth sunset review of the antidumping duty order on clad steel plate from Japan1 pursuant to section 751(c) of the Act.2 On January 16, 2018, Commerce received a notice of intent to participate from DMC Global Inc., dba NobelClad (DMC), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 DMC claimed interested party status under section 771(9)(C) of the Act as a producer of clad steel plate in the United States. Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. As a result, the revised deadline for the final results of this review is now May 7, 2018.4 On January 31, 2018, Commerce received an adequate substantive response to the notice of initiation from DMC within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. On February 23, 2018, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the 1 See Notice of Antidumping Order: Clad Steel Plate from Japan, 61 FR 34421 (July 2, 1996). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 (January 2, 2018). 3 See Letter ‘‘Clad Steel Plate from Japan—FiveYear (‘Sunset’) Review of Antidumping Duty Order—Notice of Intent to Participate,’’ dated January 16, 2018. 4 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding affected by the closure of the Federal Government have been extended by three days. 5 See Letter ‘‘Clad Steel Plate from Japan: FiveYear (‘4th Sunset’) Review of Antidumping Duty Order—DMC Global Inc. dba NobelClad’s Substantive Response to Notice of Initiation,’’ dated January 31, 2018. 6 See Letter re: ‘‘Sunset Reviews Initiated on January 2, 2018,’’ dated February 23, 2018. E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22007-22008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10068]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Foundry Coke Products From the People's Republic of China: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on foundry coke products 
(foundry coke) from the People's Republic of China (China) would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, Commerce is publishing a notice of 
continuation of the AD order on foundry coke from China.

DATES: Applicable May 11, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; Telephone: 202.482.0413.

SUPPLEMENTARY INFORMATION: 

Background

    On July 31, 2001, Commerce published in the Federal Register its

[[Page 22008]]

final determination in the less-than-fair value investigation of 
foundry coke from China.\1\ On September 17, 2001, Commerce published 
the Order on foundry coke from China.\2\ On May 1, 2017, the Department 
published the notice of initiation of the third sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\3\ Commerce conducted the sunset review on an expedited 
basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received a complete and adequate 
response from domestic interested parties, but no substantive responses 
from respondent interested parties.\4\ As a result of its expedited 
sunset review, Commerce determined that revocation of the Order would 
likely lead to a continuation or recurrence of dumping.\5\ The 
Department, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the Order be revoked. On April 24, 2018, the 
ITC published notice of its determination, pursuant to section 751(c) 
of the Act, that revocation of the AD order on foundry coke from China 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\6\
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    \1\ See Final Determination or Sales at Less Than Fair Value: 
Foundry Coke Products from the People's Republic of China, 66 FR 
39487 (July 31, 2001).
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Foundry Coke Products 
from The People's Republic of China, 66 FR 48025 (September 17, 
2001) (Order).
    \3\ See Initiation of Five-Year (Sunset) Review, 82 FR 20314 
(May 1, 2017).
    \4\ See Domestic Producers' submission, ``Foundry Coke from 
China, Third Sunset Review: Substantive Response to Notice of 
Initiation of Sunset Review,'' dated May 31, 2017.
    \5\ See Foundry Coke Products from the People's Republic of 
China Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Order, 82 FR 41598 (September 1, 2017).
    \6\ See Foundry Coke from China (No. 731-TA-891 (Third Review)), 
83 FR 17849 (April 24, 2018).
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Scope of the Order

    The product covered under the order is coke larger than 100 mm (4 
inches) in maximum diameter and at least 50 percent of which is 
retained on a 100 mm (4 inch) sieve, of a kind used in foundries. The 
foundry coke products subject to the order are currently classifiable 
under subheading 2704.00.0011 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of the order is dispositive.\7\
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    \7\ See Foundry Coke Products from the People's Republic of 
China, 77 FR 34012 (June 8, 2012).
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order on foundry coke 
from China. U.S. Customs and Border Protection will continue to collect 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: May 7, 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. 2018-10068 Filed 5-10-18; 8:45 am]
 BILLING CODE 3510-DS-P