Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less Than Fair Value Investigation, 53452-53453 [2018-23100]

Download as PDF 53452 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312 and (202) 482–0167, respectively. SUPPLEMENTARY INFORMATION: Background khammond on DSK30JT082PROD with NOTICES On June 13, 2017, the Department of Commerce (Commerce) published the Final Results of its administrative review of the antidumping duty order 1 on certain circular welded non-alloy steel pipe from Mexico.2 The period of review (POR) is November 1, 2014, through October 31, 2015. Commerce conducted an administrative review of mandatory respondents Maquilacero and Regiomontana de Perfiles y Tubos, S.A. de C.V./PYTCO, S.A. de C.V. (Regiopytsa),3 and non-selected respondents Conduit, S.A. de C.V. (Conduit), Productos Laminados de Monterrey, S.A. de C.V. (Prolamsa), and Ternium Mexico, S.A. de C.V. (Ternium).4 In the Final Results, Commerce found that there were entries of in-scope merchandise produced and/ or exported by Maquilacero, S.A. de C. V. (Maquilacero) during the POR and calculated a 7.32 percent ad valorem margin for those entries. However, Commerce also stated its intent to ‘‘adjust the assessment rate for. . . certain entries of subject merchandise produced and/or exported by Maquilacero . . . to account for the total amount of duties that would have been collected on {Maquilacero’s} full universe of U.S. sales.’’ 5 On July 12, 2017, Maquilacero timely filed a request for a for a NAFTA panel review challenging Commerce’s Final Results. Subsequent to Maquilacero’s request for this NAFTA panel review, Commerce determined that certain of 1 See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order). 2 See Certain Circular Welded Non-Alloy Steel Pipe from Mexico; Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014–2015, 82 FR 27039 (June 13, 2017) (Final Results). 3 We treated Regiomontana de Perfiles y Tubos, S.A. de C.V., and PYTCO, S.A. de C.V., as a single entity for the Final Results; this remains unchanged in these amended final results. 4 Three additional companies were subject to review but were determined to have had no shipments of subject merchandise into the United States during the POR in the Final Results; that determination is unchanged in these amended final results. 5 See Final Results, 82 FR at 27040. VerDate Sep<11>2014 20:20 Oct 22, 2018 Jkt 247001 Maquilacero’s tubing products reported during the 2014–2015 administrative review are not within the scope of the Order.6 The United States and Maquilacero have now entered into an agreement to settle this dispute. The NAFTA Secretariat terminated the panel review with an effective completion date of October 11, 2018. Assessment Rates Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended, and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP within 7 days after the date of publication of these amended final results of review in the Federal Register. Commerce will instruct CBP to apply an ad valorem assessment rate of 7.32 percent to all entries of subject merchandise during the POR which were produced and/or exported, and imported, by Maquilacero. Commerce will further instruct CBP that certain entries for which suspension of liquidation continued may be of merchandise determined to be out of the scope of the antidumping duty order on circular welded non-alloy steel pipe from Mexico, and that CBP should liquidate those entries without regard to duties, as previously instructed. The ad valorem assessment rates for all entries of subject merchandise during the POR which were produced and/or exported by Regiopytsa, Conduit, Prolamsa, and Ternium remain unchanged from the Final Results. Cash Deposit Requirements Because a new cash deposit rate has been calculated for Maquilacero in a subsequent administrative review,7 Commerce will not instruct CBP to change the cash deposit rate for Maquilacero. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred, and the subsequent assessment of double antidumping duties. We are issuing this determination and publishing these amended final results of antidumping duty administrative review pursuant to settlement. Dated: October 17, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–23053 Filed 10–22–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–823] Laminated Woven Sacks From the Socialist Republic of Vietnam: Postponement of Final Determination of Sales at Less Than Fair Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of laminated woven sacks (LWS) from the Socialist Republic of Vietnam (Vietnam) until February 25, 2019, and is extending the provisional measures from a four-month period to a period of not more than six months. DATE: Applicable October 23, 2018. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–0890, respectively. AGENCY: SUPPLEMENTARY INFORMATION: 6 See Certain Welded Non-Alloy Steel Pipe from Mexico: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 83 FR 7153 (February 20, 2018); see also memorandum of final scope ruling re: 176 types of non-galvanized tubing produced to ASTM A–513 specifications by Maquilacero, dated June 18, 2018. 7 See Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016, 83 FR 23886 (May 23, 2018). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Background On March 27, 2018, Commerce initiated a LTFV investigation of imports of LWS from Vietnam.1 The period of investigation is July 1, 2017, through December 31, 2017. On October 1 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Initiation of Less-Than-FairValue Investigation, 83 FR 14257 (April 3, 2018). E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices 11, 2018, Commerce published its Preliminary Determination in this LTFV investigation of LWS from Vietnam.2 khammond on DSK30JT082PROD with NOTICES Postponement of Final Determination Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a fourmonth period to a period of not more than six months, in accordance with section 733(d) of the Act. On October 2, 2018, Duong Vinh Hoa Packaging Company Limited, a mandatory respondent in this investigation, requested that Commerce postpone the deadline for the final determination until no later than 135 days from the publication of the Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.3 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination was affirmative; (2) the request was made by the exporters and producers who account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination until no later than 135 days after the date of the publication of the Preliminary Determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will issue its final determination no later than February 25, 2019.4 2 See Laminated Woven Sacks from the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value, 83 FR 51436 (October 11, 2018) (Preliminary Determination). 3 See Letter from Duong Vinh Hoa Packaging Company Limited, ‘‘Antidumping Duty Investigation of Laminated Woven Sacks from the Socialist Republic of Vietnam, Case No. A–552–823: Request to Postpone Final Determination’’ dated October 2, 2018. 4 Postponing the final determination to 135 days after the publication of the Preliminary Determination would place the deadline on VerDate Sep<11>2014 20:20 Oct 22, 2018 Jkt 247001 This notice is issued and published pursuant to 19 CFR 351.210(g). Dated: October 17, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–23100 Filed 10–22–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Completion of Panel Review United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of Completion of Panel Review in the matter of Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014– 2015 (Secretariat File Number: USA– MEX–2017–1904–01). AGENCY: The NAFTA Secretariat has received submissions filed on behalf of the United States Department of Commerce, Maquilacero S.A. de C.V., and Wheatland Tube requesting the termination of panel review in the matter of Certain Circular Welded NonAlloy Steel Pipe From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014– 2015 (Circular Welded Steel Pipe AR) dispute. Given all the participants have consented to a Notice of Termination of Panel Review pursuant to Rule 71(2) of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews (Rules), the NAFTA Circular Welded Steel Pipe AR dispute has been terminated. As a result, and in accordance with Rule 78(a), notice is hereby given that the panel review of the NAFTA Circular Welded Steel Pipe AR dispute has been completed effective October 11, 2018. FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 SUMMARY: Saturday/Sunday, February 23, 2019. 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 53453 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. There are established Rules, which were adopted by the three governments and require Notices of Completion of Panel Review to be published in accordance with Rule 78. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/ Texts-of-the-Agreement/Rules-ofProcedure/Article-1904. Dated: October 18, 2018. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2018–23098 Filed 10–22–18; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: High Seas Fishing Permit Application Information. OMB Control Number: 0648–0304. Form Number(s): None. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 600. Average Hours per Response: Permit application with vessel photo (every 5 years); vessel identification, 45 minutes; request to authorize a fishery on the high seas, 22 hours; transshipment notices and reports, 1 hour; 15 minutes; power-down and power-on requests, 5 minutes; observer notification, 5 minutes. Burden Hours: 272. Needs and Uses: This request is for extension of a currently approved information collection. United States vessels that fish on the high seas (waters beyond the U.S. exclusive economic zone) are required to possess a permit issued under the High Seas Fishing Compliance Act (HSFCA). Applicants for this permit must submit information to identify E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53452-53453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23100]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-823]


Laminated Woven Sacks From the Socialist Republic of Vietnam: 
Postponement of Final Determination of Sales at Less Than Fair Value 
Investigation

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

SUMMARY: The Department of Commerce (Commerce) is postponing the 
deadline for issuing the final determination in the less-than-fair-
value (LTFV) investigation of laminated woven sacks (LWS) from the 
Socialist Republic of Vietnam (Vietnam) until February 25, 2019, and is 
extending the provisional measures from a four-month period to a period 
of not more than six months.
    DATE: Applicable October 23, 2018.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Celeste Chen, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-0890, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 27, 2018, Commerce initiated a LTFV investigation of 
imports of LWS from Vietnam.\1\ The period of investigation is July 1, 
2017, through December 31, 2017. On October

[[Page 53453]]

11, 2018, Commerce published its Preliminary Determination in this LTFV 
investigation of LWS from Vietnam.\2\
---------------------------------------------------------------------------

    \1\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Initiation of Less-Than-Fair-Value Investigation, 83 FR 
14257 (April 3, 2018).
    \2\ See Laminated Woven Sacks from the Socialist Republic of 
Vietnam: Preliminary Determination of Sales at Less Than Fair Value, 
83 FR 51436 (October 11, 2018) (Preliminary Determination).
---------------------------------------------------------------------------

Postponement of Final Determination

    Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.210(b)(2) provide that a final determination may be 
postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by the exporters or producers who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that 
such postponement requests by exporters be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
of not more than six months, in accordance with section 733(d) of the 
Act.
    On October 2, 2018, Duong Vinh Hoa Packaging Company Limited, a 
mandatory respondent in this investigation, requested that Commerce 
postpone the deadline for the final determination until no later than 
135 days from the publication of the Preliminary Determination, and 
extend the application of the provisional measures from a four-month 
period to a period of not more than six months.\3\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because 
(1) the preliminary determination was affirmative; (2) the request was 
made by the exporters and producers who account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination until no later than 135 days after the date of the 
publication of the Preliminary Determination, and extending the 
provisional measures from a four-month period to a period of not more 
than six months. Accordingly, Commerce will issue its final 
determination no later than February 25, 2019.\4\
---------------------------------------------------------------------------

    \3\ See Letter from Duong Vinh Hoa Packaging Company Limited, 
``Antidumping Duty Investigation of Laminated Woven Sacks from the 
Socialist Republic of Vietnam, Case No. A-552-823: Request to 
Postpone Final Determination'' dated October 2, 2018.
    \4\ Postponing the final determination to 135 days after the 
publication of the Preliminary Determination would place the 
deadline on Saturday/Sunday, February 23, 2019. 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).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to 19 CFR 351.210(g).

     Dated: October 17, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-23100 Filed 10-22-18; 8:45 am]
 BILLING CODE 3510-DS-P