Steel Racks and Parts Thereof From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 53606-53607 [2018-23223]

Download as PDF 53606 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.11 Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.12 Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the company for which this review is rescinded, antidumping duties will be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawn from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).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 publication of this notice. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. amozie on DSK3GDR082PROD with NOTICES1 Cash Deposit Requirement The following cash deposit requirements will be effective upon publication of the notice of the final results of administrative review for all shipments of pipe fittings from Malaysia entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of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 the companies under review will be the rate established in the final results of this 11 See section 751(a)(3)(A) of the Act. Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 12 See VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this 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 in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 7.51 percent ad valorem, the all-others rate established in the less-than-fair value investigation. Notification to Importers This notice also serves as a preliminary 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties These preliminary results and partial rescission of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: October 18, 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. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Use of Facts Otherwise Available and Adverse Interferences VI. Recommendation [FR Doc. 2018–23222 Filed 10–23–18; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–088] Steel Racks and Parts Thereof From the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 24, 2018. FOR FURTHER INFORMATION CONTACT: Jonathan Hill at (202) 482–3518 or Patrick O’Connor at (202) 482–0989, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 10, 2018, the Department of Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of imports of steel racks and parts thereof (steel racks) from the People’s Republic of China.1 Currently, the preliminary determination is due no later than November 27, 2018. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (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 petitioner 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 1 See Steel Racks from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 33195 (July 17, 2018) (Initiation Notice). E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices it finds compelling reasons to deny the request. On September 26, 2018, the petitioner 2 in the steel racks LTFV investigation submitted a timely request that Commerce postpone the preliminary determination in the investigation to the maximum extent permitted under the statute.3 The petitioner requested the postponement to provide Commerce, and the petitioner, time to review questionnaire responses and identify deficiencies within those responses, and to provide time for Commerce to issue, and receive responses to, supplemental questionnaires prior to the preliminary determination.4 For the reasons stated above by the petitioner, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination in the steel racks LTFV investigation by 50 days (i.e., until 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination in the steel racks LTFV investigation no later than January 16, 2019. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: October 18, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–23223 Filed 10–23–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. amozie on DSK3GDR082PROD with NOTICES1 AGENCY: 2 The petitioner is the Coalition for Fair Rack Imports. 3 See Letter from the petitioner, ‘‘Steel Racks from the People’s Republic of China: Request to Extend the Preliminary Determination,’’ dated September 26, 2018. 4 Id. VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 The Department of Commerce (Commerce) determines that Ercros S.A. (Ercros) did not make sales of subject merchandise at less than fair value during the period of review (POR), June 1, 2016, through May 31, 2017. DATES: Applicable October 24, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: SUMMARY: Background On July 9, 2018, Commerce published the Preliminary Results.1 Since the Preliminary Results, the following events have taken place: Commerce received a timely case brief from the petitioners 2 on August 8, 2018. Ercros filed a timely rebuttal brief on August 13, 2018. Scope of the Order The products covered by the order are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones.3 Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the order is dispositive. Analysis of Comments Received All issues raised by parties in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is hereby adopted with this notice. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 1 See Chlorinated Isocyanurates from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 31725 (July 9, 2018). 2 The petitioners in this case are Bio-Lab, Inc., Clearon Corp., and Occidental Chemical Corporation. 3 For a complete description of the Scope of the Order, see Memorandum, ‘‘Issues and Decision Memorandum for Final Results of the 2016–2017 Antidumping Duty Administrative Review of Chlorinated Isocyanurates from Spain,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 53607 Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at https://access.trade .gov, and it is available to all parties in the Central Records Unit of the main Commerce Building, Room B8024. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding the Preliminary Results, we have made no changes to our calculations. Therefore, the final results do not differ from the Preliminary Results. Final Results of Review As a result of this review, we determine that, for the period June 1, 2016, through May 31, 2017, the following dumping margin exists: Manufacturer/exporter Weightaverage dumping margin (percent) Ercros ........................................... 0.00 Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these final results of review. Since Ercros’ weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.4 This clarification will apply to entries of subject merchandise during the POR produced by Ercros for which these companies did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate during the POR if there is no rate for the 4 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53606-53607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-088]


Steel Racks and Parts Thereof From the People's Republic of 
China: Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation

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

DATES: Applicable October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill at (202) 482-3518 or 
Patrick O'Connor at (202) 482-0989, AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2018, the Department of Commerce (Commerce) initiated a 
less-than-fair-value (LTFV) investigation of imports of steel racks and 
parts thereof (steel racks) from the People's Republic of China.\1\ 
Currently, the preliminary determination is due no later than November 
27, 2018.
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    \1\ See Steel Racks from the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation, 83 FR 33195 (July 
17, 2018) (Initiation Notice).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (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 petitioner 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

[[Page 53607]]

it finds compelling reasons to deny the request.
    On September 26, 2018, the petitioner \2\ in the steel racks LTFV 
investigation submitted a timely request that Commerce postpone the 
preliminary determination in the investigation to the maximum extent 
permitted under the statute.\3\ The petitioner requested the 
postponement to provide Commerce, and the petitioner, time to review 
questionnaire responses and identify deficiencies within those 
responses, and to provide time for Commerce to issue, and receive 
responses to, supplemental questionnaires prior to the preliminary 
determination.\4\
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    \2\ The petitioner is the Coalition for Fair Rack Imports.
    \3\ See Letter from the petitioner, ``Steel Racks from the 
People's Republic of China: Request to Extend the Preliminary 
Determination,'' dated September 26, 2018.
    \4\ Id.
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    For the reasons stated above by the petitioner, and because there 
are no compelling reasons to deny the request, Commerce, in accordance 
with section 733(c)(1)(A) of the Act, is postponing the deadline for 
the preliminary determination in the steel racks LTFV investigation by 
50 days (i.e., until 190 days after the date on which this 
investigation was initiated). As a result, Commerce will issue its 
preliminary determination in the steel racks LTFV investigation no 
later than January 16, 2019. In accordance with section 735(a)(1) of 
the Act and 19 CFR 351.210(b)(1), the deadline for the final 
determination in this investigation will continue to be 75 days after 
the date of the preliminary determination, unless postponed at a later 
date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: October 18, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-23223 Filed 10-23-18; 8:45 am]
 BILLING CODE 3510-DS-P