Countervailing Duty Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Preliminary Determination, 22953-22954 [2018-10544]

Download as PDF Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices publication of these final results of administrative review for shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, including TMM, the cash deposit rate will be the China-wide rate of 141.49 percent; 8 and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. daltland on DSKBBV9HB2PROD with NOTICES Administrative Protective Order This notice also serves as a 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(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. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. 8 See Notice of Antidumping Duty Order: Magnesium Metal from the People’s Republic of China, 70 FR 19928 (April 15, 2005). VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 Dated: May 11, 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. 2018–10562 Filed 5–16–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–824] Countervailing Duty Investigation of Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Preliminary Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 17, 2018. FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482–3936 or Ariela Garvett at (202) 482–3609, AD/ CVD Operations, Enforcement and Compliance, Office IV, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 27, 2018, the Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of laminated woven sacks (LWS) from the Socialist Republic of Vietnam.1 Currently, the preliminary determination is due no later than May 31, 2018. 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 CVD 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, under part (A), the petitioners 2 make a timely request for a postponement; or 1 See Laminated Woven Sacks From the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigation, 83 FR 14253 (April 3, 2018) (Initiation Notice). 2 The petitioners are the Laminated Woven Sacks Fair Trade Coalition and its individual members Polytex Fibers Corporation and ProAmpac Holdings Inc. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 22953 under part (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. Under 19 CFR 351.205(e), the petitioners must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 4, 2018, the petitioners submitted a timely request that Commerce postpone the preliminary CVD determination.3 The petitioners state that they request postponement of the preliminary determination because the current deadline does not provide adequate time for Commerce to issue questionnaires, receive responses, or to issue and receive responses to supplement questionnaires prior to Commerce’s currently scheduled preliminary determination date. According to the petitioners, postponement of the preliminary determination deadline by the maximum extension of 65 additional days in this case would allow sufficient time for Commerce to develop the record in this investigation. In accordance with 19 CFR 351.205(e), the petitioners have stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) 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., August 6, 2018.4 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). 3 Letter from the petitioners, ‘‘Re: Laminated Woven Sacks from Vietnam: Request to Extend the Deadline for Preliminary Determination,’’ dated May 4, 2018. 4 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, August 4, 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\17MYN1.SGM 17MYN1 22954 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices Dated: May 10, 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. 2018–10544 Filed 5–16–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–839] Forged Steel Fittings From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that forged steel fittings from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2016, through September 30, 2017. Interested parties are invited to comment on this preliminary determination. DATES: Applicable May 17, 2018. FOR FURTHER INFORMATION CONTACT: Denisa Ursu or Michael Bowen, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–0768, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background daltland on DSKBBV9HB2PROD with NOTICES This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as Amended (the Act). Commerce initiated this investigation on October 25, 2017.1 On February 2, 2018, Commerce postponed the preliminary determination of this investigation.2 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline 1 See Forged Steel Fittings from the People’s Republic of China, Italy, and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 82 FR 50614 (November 1, 2017) (Initiation Notice). 2 See Forged Steel Fittings from the People’s Republic of China, Italy, and Taiwan: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 83 FR 4899 (February 2, 2018). VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 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 preliminary determination of this investigation is now May 7, 2018.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are forged steel fittings from Italy. For a complete description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. On March 7, 2018, Commerce issued a Preliminary Scope Decision Memorandum making certain preliminary revisions to the scope based 3 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,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 4 See Memorandum to the File, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Forged Steel Fittings from Italy,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice, 82 FR at 50615. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 on the comments received.7 Commerce received additional scope comments following the issuance of the Preliminary Scope Decision Memorandum, and based on those comments, made certain additional preliminary revisions to the scope. For a summary of the additional comments received, and Commerce’s preliminary analysis and decision with respect to them, see the Second Preliminary Scope Decision Memorandum.8 See also the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act and 19 CFR 351.308, Commerce preliminarily relied upon facts otherwise available with an adverse inference (adverse facts available or AFA) for the two mandatory respondents, M.E.G.A. S.p.A (MEGA) and I.M.L. Industria Meccanica Ligure S.p.A. (IML), which failed to cooperate to the best of their ability in their responses to Commerce’s requests for information. See Preliminary Decision Memorandum for a complete explanation of the methodology and analysis underlying our preliminary application of adverse facts available. As AFA, Commerce is preliminarily assigning to MEGA and IML the highest margin alleged in the petition, 80.20 percent.9 All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated weightedaverage dumping margin for all other exporters and producers not individually examined. Section 735(c)(5)(A) of the Act states that, in calculating this rate, it shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. 7 See Memorandum, ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated March 7, 2018 (Preliminary Scope Decision Memorandum) 8 See Memorandum, ‘‘Second Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Second Preliminary Scope Decision Memorandum). 9 See Letter to the Secretary of Commerce from the Petitioners, ‘‘Forged Steel Fittings from People’s Republic of China, Italy, and Taiwan—Petitions for the Imposition of Antidumping and Countervailing Duties’’ (October 5, 2017) (the Petition) at Volume III. See also, AD Investigation Initiation Checklist: Forged Steel Fittings from Italy (October 25, 2017). E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22953-22954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-824]


Countervailing Duty Investigation of Laminated Woven Sacks From 
the Socialist Republic of Vietnam: Postponement of Preliminary 
Determination

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

DATES: Applicable May 17, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Martin at (202) 482-3936 or 
Ariela Garvett at (202) 482-3609, AD/CVD Operations, Enforcement and 
Compliance, Office IV, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On March 27, 2018, the Department of Commerce (Commerce) initiated 
a countervailing duty (CVD) investigation of imports of laminated woven 
sacks (LWS) from the Socialist Republic of Vietnam.\1\ Currently, the 
preliminary determination is due no later than May 31, 2018.
---------------------------------------------------------------------------

    \1\ See Laminated Woven Sacks From the Socialist Republic of 
Vietnam: Initiation of Countervailing Duty Investigation, 83 FR 
14253 (April 3, 2018) (Initiation Notice).
---------------------------------------------------------------------------

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 CVD 
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, under part (A), the petitioners \2\ make a timely request for a 
postponement; or under part (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. Under 19 CFR 351.205(e), the 
petitioners must submit a request for postponement 25 days or more 
before the scheduled date of the preliminary determination and must 
state the reasons for the request. Commerce will grant the request 
unless it finds compelling reasons to deny the request.
---------------------------------------------------------------------------

    \2\ The petitioners are the Laminated Woven Sacks Fair Trade 
Coalition and its individual members Polytex Fibers Corporation and 
ProAmpac Holdings Inc.
---------------------------------------------------------------------------

    On May 4, 2018, the petitioners submitted a timely request that 
Commerce postpone the preliminary CVD determination.\3\ The petitioners 
state that they request postponement of the preliminary determination 
because the current deadline does not provide adequate time for 
Commerce to issue questionnaires, receive responses, or to issue and 
receive responses to supplement questionnaires prior to Commerce's 
currently scheduled preliminary determination date. According to the 
petitioners, postponement of the preliminary determination deadline by 
the maximum extension of 65 additional days in this case would allow 
sufficient time for Commerce to develop the record in this 
investigation.
---------------------------------------------------------------------------

    \3\ Letter from the petitioners, ``Re: Laminated Woven Sacks 
from Vietnam: Request to Extend the Deadline for Preliminary 
Determination,'' dated May 4, 2018.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.205(e), the petitioners have stated 
the reasons for requesting a postponement of the preliminary 
determination, and Commerce finds no compelling reason to deny the 
request. Therefore, in accordance with section 703(c)(1)(A) 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., August 6, 2018.\4\ 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.
---------------------------------------------------------------------------

    \4\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, August 4, 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).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).


[[Page 22954]]


    Dated: May 10, 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. 2018-10544 Filed 5-16-18; 8:45 am]
BILLING CODE 3510-DS-P

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