Clad Steel Plate From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order, 22008-22009 [2018-10069]
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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).
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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
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices
antidumping duty order on clad steel
plate from Japan.
Scope of the Order
The scope of the order is all clad 7
steel plate of a width of 600 millimeters
(mm) or more and a composite thickness
of 4.5 mm or more. Clad steel plate is
a rectangular finished steel mill product
consisting of a layer of cladding material
(usually stainless steel or nickel) which
is metallurgically bonded to a base or
backing of ferrous metal (usually carbon
or low alloy steel) where the latter
predominates by weight.
Stainless clad steel plate is
manufactured to American Society for
Testing and Materials (ASTM)
specifications A263 (400 series stainless
types) and A264 (300 series stainless
types). Nickel and nickel-base alloy clad
steel plate is manufactured to ASTM
specification A265. These specifications
are illustrative but not necessarily allinclusive.
Clad steel plate within the scope of
the order is classifiable under the
Harmonized Tariff Schedule of the
United States (HTSUS) 7210.90.10.00.
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
sradovich on DSK3GMQ082PROD with NOTICES
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum,8 which is hereby
adopted by this notice. The issues
discussed in the Issues and Decision
Memorandum are the likelihood of
continuation or recurrence of dumping
and the magnitude of the dumping
margin likely to prevail if the order were
revoked. The Issues and Decision
Memorandum is a public document and
7 Cladding is the association of layers of metals
of different colors or natures by molecular
interpenetration of the surfaces in contact. This
limited diffusion is characteristic of clad products
and differentiates them from products metalized in
other manners (e.g., by normal electroplating). The
various cladding processes include pouring molten
cladding metal onto the basic metal followed by
rolling; simple hot-rolling of the cladding metal to
ensure efficient welding to the basic metal; any
other method of deposition of superimposing of the
cladding metal followed by any mechanical or
thermal process to ensure welding (e.g.,
electrocladding), in which the cladding metal
(nickel, chromium, etc.) is applied to the basic
metal by electroplating, molecular interpenetration
of the surfaces in contact then being obtained by
heat treatment at the appropriate temperature with
subsequent cold rolling. See Harmonized
Commodity Description and Coding System
Explanatory Notes, Chapter 72, General Note
(IV)(C)(2)(e).
8 See Memorandum ‘‘Issues and Decision
Memorandum for the Expedited Fourth Sunset
Review of the Antidumping Duty Order on Clad
Steel Plate from Japan,’’ dated concurrently with
this notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
19:21 May 10, 2018
Jkt 244001
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://acess.trade.gov, and to all 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
on the internet 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 Review
Notification to Interested Parties
This notice also serves as the only
reminder to parties subject to
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 orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
final results and this notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: May 4, 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. 2018–10069 Filed 5–10–18; 8:45 am]
BILLING CODE 3510–DS–P
9 Commerce assigned this margin of 118.53
percent to The Japan Steel Company and ‘‘All
Others’’ in the less than fair value investigation on
the basis of adverse facts available using the rate
contained in the petition. See Notice of Final
Determination of Sales at Less Than Fair Value:
Clad Steel Plate from Japan, 61 FR 21158, 21159
(May 9, 1996).
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Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG106
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Ketchikan
Berth IV Expansion Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received a request
from the Ketchikan Dock Company
(KDC) for authorization to take marine
mammals incidental to the Ketchikan
Berth IV expansion project in
Ketchikan, Alaska. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS
will consider public comments prior to
making any final decision on the
issuance of the requested MMPA
authorizations and agency responses
will be summarized in the final notice
of our decision.
DATES: Comments and information must
be received no later than June 11, 2018.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.molineaux@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities without change.
All personal identifying information
(e.g., name, address) voluntarily
submitted by the commenter may be
SUMMARY:
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the
antidumping duty order on clad steel
plate from Japan would be likely to lead
to the continuation or recurrence of
dumping at weighted-average dumping
margins up to 118.53 percent.9
22009
E:\FR\FM\11MYN1.SGM
11MYN1
Agencies
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22008-22009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10069]
-----------------------------------------------------------------------
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
AGENCY: 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.
DATES: Applicable May 11, 2018.
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 Japan\1\ 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.
---------------------------------------------------------------------------
\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--Five-Year
(`Sunset') Review of Antidumping Duty Order--Notice of Intent to
Participate,'' dated January 16, 2018.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ See Letter ``Clad Steel Plate from Japan: Five-Year (`4th
Sunset') Review of Antidumping Duty Order--DMC Global Inc. dba
NobelClad's Substantive Response to Notice of Initiation,'' dated
January 31, 2018.
---------------------------------------------------------------------------
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
[[Page 22009]]
antidumping duty order on clad steel plate from Japan.
---------------------------------------------------------------------------
\6\ See Letter re: ``Sunset Reviews Initiated on January 2,
2018,'' dated February 23, 2018.
---------------------------------------------------------------------------
Scope of the Order
The scope of the order is all clad \7\ steel plate of a width of
600 millimeters (mm) or more and a composite thickness of 4.5 mm or
more. Clad steel plate is a rectangular finished steel mill product
consisting of a layer of cladding material (usually stainless steel or
nickel) which is metallurgically bonded to a base or backing of ferrous
metal (usually carbon or low alloy steel) where the latter predominates
by weight.
---------------------------------------------------------------------------
\7\ Cladding is the association of layers of metals of different
colors or natures by molecular interpenetration of the surfaces in
contact. This limited diffusion is characteristic of clad products
and differentiates them from products metalized in other manners
(e.g., by normal electroplating). The various cladding processes
include pouring molten cladding metal onto the basic metal followed
by rolling; simple hot-rolling of the cladding metal to ensure
efficient welding to the basic metal; any other method of deposition
of superimposing of the cladding metal followed by any mechanical or
thermal process to ensure welding (e.g., electrocladding), in which
the cladding metal (nickel, chromium, etc.) is applied to the basic
metal by electroplating, molecular interpenetration of the surfaces
in contact then being obtained by heat treatment at the appropriate
temperature with subsequent cold rolling. See Harmonized Commodity
Description and Coding System Explanatory Notes, Chapter 72, General
Note (IV)(C)(2)(e).
---------------------------------------------------------------------------
Stainless clad steel plate is manufactured to American Society for
Testing and Materials (ASTM) specifications A263 (400 series stainless
types) and A264 (300 series stainless types). Nickel and nickel-base
alloy clad steel plate is manufactured to ASTM specification A265.
These specifications are illustrative but not necessarily all-
inclusive.
Clad steel plate within the scope of the order is classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
7210.90.10.00. Although the HTSUS subheading is provided for
convenience and customs purposes, our written description of the scope
of the order is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum,\8\ which is hereby adopted by this notice. The
issues discussed in the Issues and Decision Memorandum are the
likelihood of continuation or recurrence of dumping and the magnitude
of the dumping margin likely to prevail if the order were revoked. 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://acess.trade.gov, and
to all 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 on the internet 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.
---------------------------------------------------------------------------
\8\ See Memorandum ``Issues and Decision Memorandum for the
Expedited Fourth Sunset Review of the Antidumping Duty Order on Clad
Steel Plate from Japan,'' dated concurrently with this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the antidumping duty order on
clad steel plate from Japan would be likely to lead to the continuation
or recurrence of dumping at weighted-average dumping margins up to
118.53 percent.\9\
---------------------------------------------------------------------------
\9\ Commerce assigned this margin of 118.53 percent to The Japan
Steel Company and ``All Others'' in the less than fair value
investigation on the basis of adverse facts available using the rate
contained in the petition. See Notice of Final Determination of
Sales at Less Than Fair Value: Clad Steel Plate from Japan, 61 FR
21158, 21159 (May 9, 1996).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice also serves as the only reminder to parties subject to
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 orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: May 4, 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. 2018-10069 Filed 5-10-18; 8:45 am]
BILLING CODE 3510-DS-P