Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2015-2017, 52810-52811 [2018-22575]

Download as PDF 52810 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices New Star Hi-Tech Enterprise Ltd.; Jiangmen Pioneer Import & Export Co., Ltd.; KaiPing Dawn Plumbing Products, Inc.; Ningbo Afa Kitchen and Bath Co., Ltd.; Xinhe Stainless Steel Products Co., Ltd.; Yuyao Afa Kitchenware Co., Ltd; Zhongshan Superte Kitchenware Co., Ltd.; and Zhuhai Kohler Kitchen & Bathroom Products Co., Ltd. Assessment Notification to Importers This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order khammond on DSK30JT082PROD with NOTICES the comment period, Navigator contested Commerce’s Final Results before the Court of International Trade. As such, Commerce obtained leave of court to consider Navigator’s ministerial allegations. [FR Doc. 2018–22719 Filed 10–17–18; 8:45 am] Amendment to Final Results BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. This notice serves as 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 return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). VerDate Sep<11>2014 Dated: October 12, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. 17:28 Oct 17, 2018 Jkt 247001 International Trade Administration [A–471–807] Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2015– 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending its final results of the administrative review of the antidumping duty (AD) order on certain uncoated paper from Portugal to correct a ministerial error. DATES: Applicable October 18, 2018. FOR FURTHER INFORMATION CONTACT: Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1491. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 13, 2018, the Department of Commerce (Commerce) published its Final Results of the first administrative review of the antidumping duty order on certain uncoated paper from Portugal.1 Also on August 13, 2018, The Navigator Company, S.A. (Navigator), the respondent in this administrative review, submitted comments alleging ministerial errors in Commerce’s Final Results.2 On August 22, 2018, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Service Workers International Union, AFL–CIO, CLC (USW); and the Packaging Corporation of America (PCA) (collectively, the petitioners), submitted a reply rebutting Navigator’s ministerial error allegation.3 Following 1 See Certain Uncoated Paper from Portugal: Final Results of Antidumping Duty Administrative Review; 2015–2017, 83 FR 39982 (August 13, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See Navigator’s Letter, ‘‘Ministerial Error Allegation,’’ dated August 13, 2018 (Navigator Ministerial Error Allegation). 3 See Petitioners’ Letter, ‘‘Petitioners’ Response to Navigator’s Ministerial Error Allegation,’’ dated PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Commerce reviewed the record and agrees in part with Navigator that it committed a ministerial error in our application of AFA.4 In our Final Results, Commerce commited an inadvertent error within the meaning of section 735(e) of the Tariff Act of 1930 (the Act) and 19 CFR 351.224(f).5 Therfore, pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results to reflect the correction of this ministerial error in the calculation of the final margin assigned to Navigator, which changes from 37.34 percent to 1.75 percent.6 Commerce also agrees with Navigator that we incorrectly published the period of review (POR) in the ‘‘Final Results of Review’’ section in the Final Results, which should have been stated as the period of August 26, 2015, through February 28, 2017. These amended final results of the review reflect the correct POR throughout. Amended Final Results of the Review We determine that, for the period of August 26, 2015, through February 28, 2017, the following weighted-average dumping margin exists: Exporter/producer Weightedaverage dumping margin (percent) The Navigator Company, S.A 1.75 Disclosure We intend to disclose the calculation performed for these amended final results in accordance with 19 CFR 351.224(b). Duty Assessment Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. August 22, 2018 (Petitioners’ Ministerial Error Response). 4 See Memorandum, ‘‘Ministerial Error Memorandum for the Amended Final Results of the First Administrative Review,’’ signed concurrently with this notice. 5 Id. 6 See Memorandum, ‘‘Amended Final Determination Calculations for the Navigator Company, S.A.,’’ dated October XX, 2018. E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by Navigator for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Navigator will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 7.80 percent, the all-others rate established in the investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. khammond on DSK30JT082PROD with NOTICES Notification to Importers This notice also serves as a final 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 Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent 7 See Certain Uncoated Paper from Portugal: Final Determination of Sales at Less than Fair Value and Final Negative Determination of Critical Circumstances, 81 FR 3105 (January 20, 2016). VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with section 735(e) of the Act and 19 CFR 351.224(e) and (f). Dated: October 9, 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. 2018–22575 Filed 10–17–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–095] Aluminum Wire and Cable From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 11, 2018. FOR FURTHER INFORMATION CONTACT: Kathryn Turlo at (202) 482–3870 or Mark Hoadley at (202) 482–3148; AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC, 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On September 21, 2018, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of aluminum wire and cable from the People’s Republic of China (China), filed in proper form on behalf of Encore Wire Corporation (Encore) and Southwire Company, LLC (the PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 52811 petitioners), domestic producers of aluminum wire and cable.1 The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of aluminum wire and cable from China. On September 25 and 26, 2018, Commerce requested supplemental information pertaining to certain aspects of the Petition in two separate supplemental questionnaires, one dealing with general issues with the Petition and the other with issues related to Volume I and Volume II of the Petition (i.e., the AD allegation).2 The petitioners filed their combined response to the supplemental questionnaires on September 28, 2018.3 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of aluminum wire and cable from China are being, or are likely to be, sold in the United States at less-than-fair-value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing aluminum wire and cable in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioners supporting their allegation. Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the requested AD investigation.4 Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is January 1, 2018, through June 30, 2018. 1 See letter from the petitioners, ‘‘Aluminum Wire and Cable from China: Antidumping and Countervailing Duty Petitions,’’ dated September 21, 2018 (the Petition). 2 See letters from Commerce, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Aluminum Wire and Cable from the People’s Republic of China: Supplemental Questions,’’ dated September 25, 2018 (AD Supplemental Questionnaire), and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Aluminum Wire and Cable from the People’s Republic of China: Supplemental Questions,’’ dated September 26, 2018 (General Issues Supplemental Questionnaire). 3 See letter from the petitioners, ‘‘Aluminum Wire and Cable from China: Amendment of Petitions and Response to Commerce’s Supplemental Questions’’ dated September 28, 2018 (Petition Supplement). 4 See the ‘‘Determination of Industry Support for the Petition’’ section, infra. E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52810-52811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22575]



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DEPARTMENT OF COMMERCE



International Trade Administration



[A-471-807]




Certain Uncoated Paper From Portugal: Final Results of 

Antidumping Duty Administrative Review; 2015-2017



AGENCY: Enforcement and Compliance, International Trade Administration, 

Department of Commerce.



SUMMARY: The Department of Commerce (Commerce) is amending its final 

results of the administrative review of the antidumping duty (AD) order 

on certain uncoated paper from Portugal to correct a ministerial error.



DATES: Applicable October 18, 2018.



FOR FURTHER INFORMATION CONTACT: Carrie Bethea, AD/CVD Operations, 

Office V, Enforcement and Compliance, International Trade 

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: (202) 482-1491.



SUPPLEMENTARY INFORMATION:



Background



    On August 13, 2018, the Department of Commerce (Commerce) published 

its Final Results of the first administrative review of the antidumping 

duty order on certain uncoated paper from Portugal.\1\ Also on August 

13, 2018, The Navigator Company, S.A. (Navigator), the respondent in 

this administrative review, submitted comments alleging ministerial 

errors in Commerce's Final Results.\2\ On August 22, 2018, United 

Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 

Industrial Service Workers International Union, AFL-CIO, CLC (USW); and 

the Packaging Corporation of America (PCA) (collectively, the 

petitioners), submitted a reply rebutting Navigator's ministerial error 

allegation.\3\ Following the comment period, Navigator contested 

Commerce's Final Results before the Court of International Trade. As 

such, Commerce obtained leave of court to consider Navigator's 

ministerial allegations.

---------------------------------------------------------------------------



    \1\ See Certain Uncoated Paper from Portugal: Final Results of 

Antidumping Duty Administrative Review; 2015-2017, 83 FR 39982 

(August 13, 2018) (Final Results), and accompanying Issues and 

Decision Memorandum (IDM).

    \2\ See Navigator's Letter, ``Ministerial Error Allegation,'' 

dated August 13, 2018 (Navigator Ministerial Error Allegation).

    \3\ See Petitioners' Letter, ``Petitioners' Response to 

Navigator's Ministerial Error Allegation,'' dated August 22, 2018 

(Petitioners' Ministerial Error Response).

---------------------------------------------------------------------------



Amendment to Final Results



    Commerce reviewed the record and agrees in part with Navigator that 

it committed a ministerial error in our application of AFA.\4\ In our 

Final Results, Commerce commited an inadvertent error within the 

meaning of section 735(e) of the Tariff Act of 1930 (the Act) and 19 

CFR 351.224(f).\5\ Therfore, pursuant to 19 CFR 351.224(e), Commerce is 

amending the Final Results to reflect the correction of this 

ministerial error in the calculation of the final margin assigned to 

Navigator, which changes from 37.34 percent to 1.75 percent.\6\

---------------------------------------------------------------------------



    \4\ See Memorandum, ``Ministerial Error Memorandum for the 

Amended Final Results of the First Administrative Review,'' signed 

concurrently with this notice.

    \5\ Id.

    \6\ See Memorandum, ``Amended Final Determination Calculations 

for the Navigator Company, S.A.,'' dated October XX, 2018.

---------------------------------------------------------------------------



    Commerce also agrees with Navigator that we incorrectly published 

the period of review (POR) in the ``Final Results of Review'' section 

in the Final Results, which should have been stated as the period of 

August 26, 2015, through February 28, 2017. These amended final results 

of the review reflect the correct POR throughout.



Amended Final Results of the Review



    We determine that, for the period of August 26, 2015, through 

February 28, 2017, the following weighted-average dumping margin 

exists:



------------------------------------------------------------------------

                                                            Weighted-

                                                         average dumping

                   Exporter/producer                          margin

                                                            (percent)

------------------------------------------------------------------------

The Navigator Company, S.A.............................            1.75

------------------------------------------------------------------------



Disclosure



    We intend to disclose the calculation performed for these amended 

final results in accordance with 19 CFR 351.224(b).



Duty Assessment



    Commerce shall determine, and U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties on all appropriate entries 

covered by this review.



[[Page 52811]]



    In accordance with Commerce's ``automatic assessment'' practice, 

for entries of subject merchandise during the POR produced by Navigator 

for which it did not know that the merchandise was destined for the 

United States, we will instruct CBP to liquidate those entries at the 

all-others rate if there is no rate for the intermediate company(ies) 

involved in the transaction.

    We intend to issue instructions to CBP 15 days after the 

publication date of the final results of this review.



Cash Deposit Requirements



    The following cash deposit requirements will be effective upon 

publication of the notice of final results of administrative review for 

all shipments of the subject merchandise entered, or withdrawn from 

warehouse, for consumption on or after the publication date of the 

final results of this administrative review, as provided by section 

751(a)(2)(C) of the Act: (1) The cash deposit rate for Navigator will 

be the rate established in the final results of this administrative 

review; (2) for merchandise exported by producers or exporters not 

covered in this administrative review but covered in a prior segment of 

the proceeding, the cash deposit rate will continue to be the company-

specific rate published for the most recently completed segment of this 

proceeding; (3) if the exporter is not a firm covered in this review, a 

prior review, or the original investigation, but the producer is, the 

cash deposit rate will be the rate established for the most recently 

completed segment of this proceeding for the producer of the subject 

merchandise; and (4) the cash deposit rate for all other manufacturers 

or exporters will continue to be 7.80 percent, the all-others rate 

established in the investigation.\7\ These cash deposit requirements, 

when imposed, shall remain in effect until further notice.

---------------------------------------------------------------------------



    \7\ See Certain Uncoated Paper from Portugal: Final 

Determination of Sales at Less than Fair Value and Final Negative 

Determination of Critical Circumstances, 81 FR 3105 (January 20, 

2016).

---------------------------------------------------------------------------



Notification to Importers



    This notice also serves as a final 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 Secretary's presumption that 

reimbursement of antidumping and/or countervailing duties occurred and 

the subsequent assessment of doubled antidumping duties.



Administrative Protective Order



    This notice also serves as a reminder to parties subject to 

administrative protective orders (APO) of their responsibility 

concerning the return or destruction of proprietary information 

disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 

continues to govern business proprietary information in this segment of 

the proceeding. Timely written notification of the return/destruction 

of APO materials, or conversion to judicial protective order, is hereby 

requested. Failure to comply with the regulations and the terms of an 

APO is a sanctionable violation.

    We are issuing and publishing this notice in accordance with 

section 735(e) of the Act and 19 CFR 351.224(e) and (f).



    Dated: October 9, 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. 2018-22575 Filed 10-17-18; 8:45 am]

BILLING CODE 3510-DS-P